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<ns0:Id>20250AB__247899INT</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-20</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Members Schultz and Solache</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Schultz</ns0:Name>
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<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Solache</ns0:Name>
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<ns0:Title> An act to amend Sections 49069.3, 49076, 56055, and 56155.5 of the Education Code, to amend Sections 6552, 8609, 8704.5, 8708, 9201, and 9203.1 of the Family Code, to amend Sections 7930.165, 7930.190, and 30029.7 of the Government Code, to amend Sections 1501.1, 1502, 1505, 1506, 1506.1, 1506.5, 1506.9, 1507.25, 1517, 1517.2, 1517.3, 1520, 1520.3, 1522, 1522.08, 1522.1, 1522.4, 1522.44, 1523.1, 1524, 1524.01, 1527, 1527.1, 1527.2, 1527.4, 1527.5, 1530.5, 1530.7, 1536, 1536.2, 1538, 1558, 1559.110, 1568.26, and 115725 of, and to repeal Sections 1506.6, 1506.7, 1506.8, and 1517.1 of, the Health and Safety Code, to amend Section 676.7 of the Insurance Code, to amend Sections 11105.2, 11165.7, 11167.5, 11170 of the Penal Code, to amend Sections 1541 and 1543 of the Probate Code, and to amend Sections 224.1, 291, 293, 294, 295, 309, 319, 361, 361.2, 361.4, 361.45, 362.04, 366.1, 366.3, 366.31, 628, 706.5, 706.6, 727, 727.05, 727.12,
727.4, 827, 4684, 10553.12, 10952.5, 11362, 11363, 11386, 11391, 11400, 11402, 11461, 11461.3, 11461.36, 11461.6, 11462, 11462.01, 11463, 16003.5, 16119, 16161, 16501.01, 16501.02, 16501.1, 16507.5, 16514, 16519, 16519.3, 16519.5, 16519.501, 16519.502, 16519.51, 16519.52, 16519.53, 16519.54, 16519.55, 16519.555, 16519.57, 16519.6, 16521.6, 16563, 16565, 17710, 17730, 17731, 17736, and 18250 of, and to amend the heading of Article 2 (commencing with Section 16519.3) of Chapter 5 of Part 4 of Division 9 of, and to add Sections 16519.605 and 16519.615 to, and to repeal and add Section 16519.4 of, the Welfare and Institutions Code, relating to foster care. </ns0:Title>
<ns0:RelatingClause>foster care</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Kinship family approval.</ns0:Subject>
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<html:p>
(1)
<html:span class="EnSpace"/>
Existing law generally provides for the placement of foster youth in various placement settings. Existing law provides for the implementation of the resource family approval process, and defines a resource family as an individual or family who has successfully met both the home environment assessment standards and permanency assessment criteria, as specified, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian. Existing law requires the State Department of Social Services, on or before January 1, 2027, to adopt a simplified approval process for relative caregivers, as specified. Existing law conditions implementation of the simplified approval process upon federal financial participation and approval, as specified.
</html:p>
<html:p>This bill would, among other things, require the department to, on or before January 1, 2028, adopt a kinship family approval process to approve a relative, nonrelative extended family member, or extended family member of an Indian child to be a kinship family, which the bill defines as an individual or family who has successfully met the home environment assessment and family engagement standards, as specified, necessary for providing care for a child placed by a county child welfare department or a probation department by court order or voluntarily placed by a parent or legal guardian. The bill would require counties to ensure relatives, nonrelative extended family members, and extended family members of an Indian child are provided information regarding approval processes and the option to choose between the kinship family approval process, the resource family approval process, and in the case of an Indian child, a tribally approved home. The bill would also make
technical, conforming changes to make provisions that are applicable to resource families also applicable to kinship families, and delete obsolete provisions. By imposing duties on counties relating to the approval of, and placement of children with, kinship families, this bill would impose a state-mandated local program.</html:p>
<html:p>The bill would make certain personal identifying information, written evaluation reports, and court proceedings relating to kinship families confidential, except as specified. The bill would require the application form signed by a kinship family applicant to be signed with a declaration by the applicant that the information submitted is true, correct, and contains no material omissions of fact to the best knowledge and belief of the applicant, and makes any person who willfully and knowingly, with the intent to deceive, makes a false statement or fails to disclose a material fact in their application is guilty of a misdemeanor. By expanding the
scope of an existing crime, the bill would impose a state-mandated local program.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law authorizes the court to order temporary placement of the child in the home of a relative, extended family member, or nonrelative extended family member, and requires the court to consider the results of a criminal records check, among other things, before ordering that placement. Existing law also authorizes the placement of a child on an emergency basis in the home of a relative or nonrelative extended family member after a criminal records check, among other things, and requires the relative or nonrelative extended family member to submit an application for approval as a resource family after the emergency placement. Existing law authorizes the court to place a child after an order of removal, or on a temporary or emergency basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval if
the court finds that the placement does not pose a risk to the health and safety of the child.
</html:p>
<html:p>This bill would additionally authorize the court to place a child after an order of removal, or on a temporary or emergency basis, in the home of a nonrelative extended family member or an extended family member, regardless of the status of any criminal record exemption, kinship family approval, or resource family approval if the court finds that the placement does not pose a risk to the health and safety of the child.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Existing law prohibits a school district from permitting access to pupil records to a person without written parental consent or under judicial order except as authorized by law, and requires access to be granted to a list of specified persons and entities, including, among others, a parent or a caregiver, who have direct responsibility for the care of the pupil.
</html:p>
<html:p>This bill would add a kinship family, as defined, to the list of persons and entities required to be granted access to pupil records. To the extent the bill would impose additional duties on local educational agencies, the bill would impose a state-mandated local program.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
</html:p>
<html:p>This bill would make legislative findings to that effect.</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that reimbursement.
</html:p>
<html:p>This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.</html:p>
<html:p>With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
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<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:Election>NO</ns0:Election>
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<ns0:BudgetBill>NO</ns0:BudgetBill>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 49069.3 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:Num>49069.3.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil, including a certified or licensed foster parent, an approved relative or nonrelative extended family member, a kinship family, as defined in Section 16519.4 of the Welfare and Institutions Code, or a resource family, as defined in Section 1517 of the Health
and Safety Code and Section 16519.5 of the Welfare and Institutions Code, may access the current or most recent records of grades, transcripts, attendance, discipline, and online communication on platforms established by schools for pupils and parents, and any individualized education programs (IEP) that may have been developed pursuant to Chapter 4 (commencing with Section 56300) of Part 30 or any plan adopted pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794(a)) maintained by school districts, county offices of education, charter schools, nonpublic schools, as defined in Section 60010, or private schools of that pupil. A caregiver, pursuant to this section, may access the information specified in this section regardless of whether the caregiver has been appointed as the pupil’s educational rights holder pursuant to Section 319, 361, or 726 of the Welfare and Institutions Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A foster family agency,
short-term residential treatment program, or caregiver may review and receive pupil records pursuant to subdivision (a) for purposes of monitoring the pupil’s educational progress, updating and maintaining the pupil’s education records as required by Section 16010 of the Welfare and Institutions Code, and ensuring the pupil has access to educational services, supports, and activities. These purposes include, but are not limited to, enrolling the pupil in school, assisting the pupil with homework, class assignments, and college and scholarship applications, and enrolling the pupil in extracurricular activities, tutoring, and other afterschool and summer enrichment programs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If direct communication between a caregiver and an educational rights holder is appropriate, a caregiver who is not the pupil’s educational rights holder shall notify the pupil’s educational rights holder of any educational needs of the pupil
that require the educational rights holder’s consent or participation, including, but not limited to, school placement decisions, decisions on whether to invoke or waive school of origin rights, consent for special education assessments and individualized education programs, meetings or hearings regarding attendance or discipline, and decisions regarding graduation. In instances involving significant discipline or that potentially impact a pupil’s continued enrollment and progress in school, the caregiver shall also provide the same information to the pupil’s social worker as is provided to the educational rights holder.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If direct communication between a caregiver and an educational rights holder is inappropriate, the pupil’s social worker shall direct the caregiver to communicate the information specified in paragraph (1) with the pupil’s social worker or attorney instead of the educational rights holder.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Nothing in this subdivision affects the responsibilities of a placement agency with regard to the education of a pupil.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This subdivision shall not be construed to alter or increase a social worker’s or attorney’s decisionmaking rights and responsibilities regarding a pupil.
</html:p>
<html:p>
(d)
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Nothing in this section affects the duties of a local educational agency related to informing and involving educational rights holders in educational decisions affecting the child.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 49076 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_6ADE8531-9DA0-4F47-8FA8-5A142C427B05">
<ns0:Num>49076.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A school district shall not permit access to pupil records to a person without written parental consent or under judicial order except as set forth in this section and as permitted by Part 99 (commencing with Section 99.1) of Title 34 of the Code of Federal Regulations.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Access to those particular records relevant to the legitimate educational interests of the requester shall be permitted to the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
School officials and employees of the school district, members of a school attendance review board appointed pursuant to Section 48321 who are authorized representatives of the school district, and any volunteer aide, 18 years of age or older, who has been investigated, selected, and
trained by a school attendance review board for the purpose of providing followup services to pupils referred to the school attendance review board, provided that the person has a legitimate educational interest to inspect a record.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Officials and employees of other public schools or school systems, including local, county, or state correctional facilities where educational programs leading to high school graduation are provided or where the pupil intends to or is directed to enroll, subject to the rights of parents as provided in Section 49068.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Authorized representatives of the Comptroller General of the United States, the United States Secretary of Education, and state and local educational authorities, or the United States Department of Education’s Office for Civil Rights, if the information is necessary to audit or evaluate a state or federally supported educational
program, or in connection with the enforcement of, or compliance with, the federal legal requirements that relate to such a program. Records released pursuant to this subparagraph shall comply with the requirements of Section 99.35 of Title 34 of the Code of Federal Regulations.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Other state and local officials to the extent that information is specifically required to be reported pursuant to state law adopted before November 19, 1974.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Parents of a pupil 18 years of age or older who is a dependent as defined in Section 152 of Title 26 of the United States Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A pupil 16 years of age or older or having completed the 10th grade.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A district attorney who is participating in or conducting a truancy mediation program pursuant to Section
48263.5 of this code or Section 601.3 of the Welfare and Institutions Code, or participating in the presentation of evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
A district attorney’s office for consideration against a parent or guardian for failure to comply with the Compulsory Education Law (Chapter 2 (commencing with Section 48200)) or with Compulsory Continuation Education (Chapter 3 (commencing with Section 48400)).
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A probation officer, district attorney, or counsel of record for a minor for purposes of conducting a criminal investigation or an investigation in regards to declaring a person a ward of the court or involving a violation of a condition of probation.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, a probation officer, district
attorney, and counsel of record for a minor shall be deemed to be local officials for purposes of Section 99.31(a)(5)(i) of Title 34 of the Code of Federal Regulations.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Pupil records obtained pursuant to this subparagraph shall be subject to the evidentiary rules described in Section 701 of the Welfare and Institutions Code.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
A judge or probation officer for the purpose of conducting a truancy mediation program for a pupil, or for purposes of presenting evidence in a truancy petition pursuant to Section 681 of the Welfare and Institutions Code. The judge or probation officer shall certify in writing to the school district that the information will be used only for truancy purposes. A school district releasing pupil information to a judge or probation officer pursuant to this subparagraph shall inform, or provide written notification to, the parent or guardian of the pupil
within 24 hours of the release of the information.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
A county placing agency when acting as an authorized representative of a state or local educational agency pursuant to subparagraph (C). School districts, county offices of education, and county placing agencies may develop cooperative agreements to facilitate confidential access to and exchange of the pupil information by email, facsimile, electronic format, or other secure means, if the agreement complies with the requirements set forth in Section 99.35 of Title 34 of the Code of Federal Regulations.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
A pupil 14 years of age or older who meets both of the following criteria:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The pupil is a homeless child or youth, as defined in paragraph (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The pupil is an unaccompanied youth, as defined in paragraph (6) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(6)).
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
An individual who completes items 1 to 4, inclusive, of the Caregiver’s Authorization Affidavit, as provided in Section 6552 of the Family Code, and signs the affidavit for the purpose of enrolling a minor in school.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
An agency caseworker or other representative of a state or local child welfare agency, or tribal organization, as defined in Section 450b of Title 25 of the United States Code, that has legal responsibility, in accordance with state or tribal law, for the care and protection of the pupil.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The agency or organization specified in clause (i)
may disclose pupil records, or the personally identifiable information contained in those records, to an individual or entity engaged in addressing the pupil’s educational needs, if the individual or entity is authorized by the agency or organization to receive the disclosure and the information requested is directly related to the assistance provided by that individual or entity. The records, or the personally identifiable information contained in those records, shall not otherwise be disclosed by that agency or organization, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g), state law, including paragraph (3), and tribal law.
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
A foster family agency with jurisdiction over a currently enrolled or former pupil, a short-term residential treatment program staff responsible for the education or case management of a pupil, and a caregiver who has direct responsibility for the care of the pupil,
including a certified or licensed foster parent, an approved relative or nonrelative extended family member, a kinship family, as defined in Section 16519.4 of the Welfare and Institutions Code, or a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, pursuant to Section 49069.3 of this code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
School districts may release information from pupil records to the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Appropriate persons in connection with an emergency if the knowledge of the information is necessary to protect the health
or safety of a pupil or other persons. Schools or school districts releasing information pursuant to this subparagraph shall comply with the requirements set forth in Section 99.32(a)(5) of Title 34 of the Code of Federal Regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Agencies or organizations in connection with the application of a pupil for, or receipt of, financial aid. However, information permitting the personal identification of a pupil or the pupil’s parents may be disclosed only as may be necessary for purposes as to determine the eligibility of the pupil for financial aid, to determine the amount of the financial aid, to determine the conditions that will be imposed regarding the financial aid, or to enforce the terms or conditions of the financial aid.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Pursuant to Section 99.37 of Title 34 of the Code of Federal Regulations, a county elections official, for the purpose of identifying pupils eligible to register to vote, or for conducting programs to offer pupils an opportunity to register to vote. The information shall not be used for any other purpose or given or transferred to any other person or agency.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Accrediting associations in order to carry out their accrediting
functions.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Organizations conducting studies for, or on behalf of, educational agencies or institutions for purposes of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if the studies are conducted in a manner that will not permit the personal identification of pupils or their parents by persons other than representatives of the organizations, the information will be destroyed when no longer needed for the purpose for which it is obtained, and the organization enters into a written agreement with the educational agency or institution that complies with Section 99.31(a)(6) of Title 34 of the Code of Federal Regulations.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Officials and employees of private schools or school systems where the pupil is enrolled or intends to enroll, subject to the rights of parents as provided in Section 49068 and in
compliance with the requirements in Section 99.34 of Title 34 of the Code of Federal Regulations. This information shall be in addition to the pupil’s permanent record transferred pursuant to Section 49068.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A contractor or consultant with a legitimate educational interest who has a formal written agreement or contract with the school district regarding the provision of outsourced institutional services or functions by the contractor or consultant.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding the authorization in Section 99.31(a)(1)(i)(B) of Title 34 of the Code of Federal Regulations, a disclosure pursuant to this subparagraph shall not be permitted to a volunteer or other party.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A person, persons, agency, or organization permitted access to pupil records pursuant to this section shall not permit access to
any information obtained from those records by another person, persons, agency, or organization, except for allowable exceptions contained within the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, including this section, and implementing regulations, without the written consent of the pupil’s parent. This paragraph shall not require prior parental consent when information obtained pursuant to this section is shared with other persons within the educational institution, agency, or organization obtaining access, so long as those persons have a legitimate educational interest in the information pursuant to Section 99.31(a)(1) of Title 34 of the Code of Federal Regulations.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding any other law, a school district, including a county office of education or county superintendent of schools, may participate in an interagency data information system that permits access to a computerized database
system within and between governmental agencies or school districts as to information or records that are nonprivileged, and where release is authorized as to the requesting agency under state or federal law or regulation, if each of the following requirements is met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Each agency and school district shall develop security procedures or devices by which unauthorized personnel cannot access data contained in the system.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Each agency and school district shall develop procedures or devices to secure privileged or confidential data from unauthorized disclosure.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Each school district shall comply with the access log requirements of Section 49064.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The right of access granted shall not include the right to add, delete, or alter data without the
written permission of the agency holding the data.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
An agency or school district shall not make public or otherwise release information on an individual contained in the database if the information is protected from disclosure or release as to the requesting agency by state or federal law or regulation.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The officials and authorities to whom pupil records are disclosed pursuant to subdivision (e) of Section 48902 and subparagraph (I) of paragraph (1) of subdivision (a) shall certify in writing to the disclosing school district that the information shall not be disclosed to another party, except as provided under the federal Family Educational Rights and Privacy Act (20 U.S.C. Sec. 1232g) and state law, without the prior written consent of the parent of the pupil or the person identified as the holder of the pupil’s educational rights.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A person or party who is not permitted access to pupil records pursuant to subdivision (a) or (b) may request access to pupil records as provided for in paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A local educational agency or other person or party who has received pupil records, or information from pupil records, may release the records or information to a person or party identified in paragraph (1) without the consent of the pupil’s parent or guardian pursuant to Section 99.31(b) of Title 34 of the Code of Federal Regulations, if the records or information are deidentified, which requires the removal of all personally identifiable information, if the disclosing local educational agency or other person or party has made a reasonable determination that a pupil’s identity is not personally identifiable, whether through single or multiple releases, and has taken into account other
pertinent reasonably available information.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6AECED8B-BE3D-43D8-834A-F2B3BB0165BC">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'30.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'56055.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 56055 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3C5402C1-AB57-4ECE-A1D5-6E8E8A41D921">
<ns0:Num>56055.</ns0:Num>
<ns0:LawSectionVersion id="id_4D4535C7-B6FE-4834-AF33-E21FC8836B0A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in subdivisions (b), (c), and (d), a foster parent may exercise, to the extent permitted by federal law, including, but not limited to, Section 300.30 of Title 34 of the Code of Federal Regulations, the rights related to their foster child’s education that a parent has under Title 20 (commencing with Section 1400) of the United States Code and pursuant to Part 300 (commencing with Section 300.1) of Title 34 of the Code of Federal Regulations. The foster parent may represent the foster child for the duration of the foster parent-foster child relationship in matters relating to
identification, assessment, instructional planning and development, educational placement, reviewing and revising an individualized education program, if necessary, and in all other matters relating to the provision of a free appropriate public education of the child. Notwithstanding any other provision of law, this representation shall include the provision of written consent to the individualized education program, including nonemergency medical services, mental health treatment services, and occupational or physical therapy services pursuant to this chapter. The foster parent may sign any consent relating to individualized education program purposes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A foster parent exercising rights relative to a foster child under this section may consult with the parent or guardian of the child to ensure continuity of health, mental health, or other services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A foster parent who had
been excluded by court order from making educational decisions on behalf of a pupil does not have the rights relative to the pupil set forth in subdivision (a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section only applies if the juvenile court has limited the right of the parent or guardian to make educational decisions on behalf of the child, and the child has been placed in a planned permanent living arrangement pursuant to paragraph (5) of subdivision (g) of Section 366.21, Section 366.22, Section 366.26, or paragraph (5) or (6) of subdivision (b) of Section 727.3 of the Welfare and Institutions Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, a foster parent includes an approved relative, approved nonrelative extended
family member, as defined in Section 362.7 of the Welfare and Institutions Code, a licensed or certified foster parent,
a kinship family, as defined in Section 16519.4 of the Welfare and Institutions Code, a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code, or a person who has been designated by the court as a specified placement.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_FAFEC6FA-13B4-4F01-936D-AE41FC085976">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:EDC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'30.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'56155.5.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 56155.5 of the
<ns0:DocName>Education Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_539C578D-44B6-4CAF-8991-67AC85E4A340">
<ns0:Num>56155.5.</ns0:Num>
<ns0:LawSectionVersion id="id_509E0FDB-6B70-4F93-A8C5-23F05F7637F5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
As used in this part, “licensed children’s institution” means a residential facility that is licensed by the state, or other public agency having delegated authority by contract with the state to license, to provide nonmedical care to children, including, but not limited to, individuals with exceptional needs. “Licensed children’s institution” includes a group home or short-term residential therapeutic program, as defined in Section 1502 of the Health and Safety Code. As used in this article and Article 3 (commencing with Section 56836.165) of Chapter 7.2, a “licensed children’s institution” does not include any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A juvenile court school, juvenile hall, juvenile home, day center, juvenile ranch, or juvenile camp administered pursuant to
Article 2.5 (commencing with Section 48645) of Chapter 4 of Part 27.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A county community school program provided pursuant to Section 1981.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Any special education programs provided pursuant to Section 56150.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any other public agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
As used in this part, “foster family home” means a family residence that is licensed by the state, or other public agency having delegated authority by contract with the state to license, to provide 24-hour nonmedical care and supervision for not more than six foster children, including, but not necessarily limited to, individuals with exceptional needs. “Foster family home” includes a small family home as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code,
a kinship family, as defined in Section 16519.4 of the Welfare and Institutions Code, and a resource family as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_DBE6BD0F-F92E-44B6-AE97-FC8CA0E0D394">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:FAM:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'11.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'6552.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 6552 of the
<ns0:DocName>Family Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0B78AE53-6ED7-4879-A34B-CC5A251402FF">
<ns0:Num>6552.</ns0:Num>
<ns0:LawSectionVersion id="id_9E8D8F5B-1B5E-470B-9919-2571E30F0397">
<ns0:Content>
<html:p>
The caregiver’s authorization affidavit shall be in substantially the following form:
<html:table class="convertedTable" id="id_82031E2A-24A1-4B92-AA48-BB115C7BC29E">
<html:colgroup>
<html:col width="199.0"/>
<html:col width="199.0"/>
</html:colgroup>
<html:tbody>
<html:tr>
<html:td colspan="2">
<html:p class="Center10Point">Caregiver’s Authorization Affidavit</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Justify10Point">
Use of this affidavit is authorized by Part 1.5 (commencing with
<html:br/>
Section 6550) of Division 11 of the California Family Code.
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Justify10Point">Instructions: Completion of items 1–4 and the signing of the affidavit is sufficient to authorize enrollment of a minor in school and authorize school-related medical care. Completion of items 5–8 is additionally required to authorize any other medical
care. Print clearly.</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Justify10Point">The minor named below lives in my home and I am 18 years of age or older.</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Justify10Point">
1.
<html:span class="EmSpace"/>
Name of minor:
<html:span class="EmSpace"/>
<html:span class="UnderlinedLeaders"/>
.
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Justify10Point">
2.
<html:span class="EmSpace"/>
Minor’s birth date:
<html:span class="EmSpace"/>
<html:span class="UnderlinedLeaders"/>
.
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Justify10Point">
3.
<html:span class="EmSpace"/>
My name (adult giving authorization):
<html:span class="EmSpace"/>
<html:span class="UnderlinedLeaders"/>
.
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Justify10Point">
4.
<html:span class="EmSpace"/>
My home address:
<html:span class="EmSpace"/>
<html:span class="UnderlinedLeaders"/>
</html:p>
<html:p class="HangingIndent5">
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
<html:span class="EnSpace"/>
<html:span class="UnderlinedLeaders"/>
.
</html:p>
<html:p class="Left10Point">
<html:span class="EmSpace"/>
</html:p>
<html:p class="Left10Point">
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2">
5.
<html:span class="EnSpace"/>
I am a relative of the child (see back of this form for a definition of “relative”).
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Justify10Point">
6.
<html:span class="EmSpace"/>
Check one or both (for example, if one parent was advised and the other cannot be located):
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Justify10Point">
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
◻
<html:span class="EmSpace"/>
I have advised the parent(s) or other person(s) having legal custody of the minor of my intent to authorize medical care, and have received no objection.
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Justify10Point">
<html:span class="EmSpace"/>
<html:span class="EmSpace"/>
◻
<html:span class="EmSpace"/>
I am unable to contact the parent(s) or other person(s) having legal custody of the minor at this time, to notify them of my intended authorization.
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Justify10Point">
7.
<html:span class="EmSpace"/>
My date of birth:
<html:span class="EmSpace"/>
<html:span class="UnderlinedLeaders"/>
.
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td colspan="2"/>
</html:tr>
<html:tr>
<html:td colspan="2">
<html:p class="Justify10Point">
8.
<html:span class="EmSpace"/>
My California driver’s license or identification card or government-issued consular card number:
<html:span class="EmSpace"/>
<html:span class="UnderlinedLeaders"/>
.
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:table class="convertedTable" frame="box" id="id_538C5910-EA21-4ECB-9C14-8863FFB266BA" rules="all">
<html:colgroup>
<html:col width="239.0"/>
<html:col width="175.0"/>
</html:colgroup>
<html:tbody>
<html:tr style="page-break-after: auto; page-break-inside: auto; page-break-before: auto;">
<html:td colspan="2">
<html:p class="Justify10Point" style="font-size:10pt; text-align:justify; ">
<html:span class="EmSpace"/>
</html:p>
<html:p class="Justify10Point" style="font-size:10pt; text-align:justify; ">Warning to Caregiver: Do not sign this form if any of the statements above are incorrect, or you will be committing a crime punishable by a fine, imprisonment, or both.</html:p>
<html:p class="Left10Point">
<html:span class="EmSpace"/>
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:table class="convertedTable" frame="box" id="id_2EF512A5-9237-44FB-AD44-76D11EC5E167" rules="all">
<html:colgroup>
<html:col width="239.0"/>
<html:col width="175.0"/>
</html:colgroup>
<html:tbody>
<html:tr style="page-break-after: auto; page-break-inside: auto; page-break-before: auto;">
<html:td colspan="2">
<html:p class="Justify10Point" style="font-size:10pt; text-align:justify; ">
<html:span class="EmSpace"/>
</html:p>
<html:p class="Justify10Point" style="font-size:10pt; text-align:justify; ">Warning to Local Educational Agencies and Health Care Service Providers: A seal or signature from a court is not required. This form is not required to be
notarized.</html:p>
<html:p class="Left10Point">
<html:span class="EmSpace"/>
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:table class="convertedTable" id="id_74366BE6-A1D9-40AD-A34A-BA88C44D1AE0">
<html:colgroup>
<html:col width="207.0"/>
<html:col width="207.0"/>
</html:colgroup>
<html:tbody>
<html:tr>
<html:td colspan="2">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EmSpace"/>
I declare under penalty of perjury under the laws of the State
<html:br/>
of California that the foregoing is true and correct.
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
Dated:
<html:span class="EnSpace"/>
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
Signed:
<html:span class="EnSpace"/>
<html:span class="UnderlinedLeaders"/>
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
</html:p>
<html:p class="Boundary00">
<html:br/>
Notices:
</html:p>
<html:p>
<html:br/>
1.
<html:span class="EmSpace"/>
This declaration does not affect the
rights of the minor’s parents or legal guardian regarding the care, custody, and control of the minor, and does not mean that the caregiver has legal custody of the minor.
</html:p>
<html:p>
<html:br/>
2.
<html:span class="EmSpace"/>
A person who relies on this affidavit has no obligation to make any further inquiry or investigation.
</html:p>
<html:p>
<html:br/>
Additional Information:
</html:p>
<html:p>
<html:br/>
TO CAREGIVERS:
</html:p>
<html:p>
<html:br/>
1.
<html:span class="EmSpace"/>
“Relative,” for purposes of item 5, means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of these persons even if the marriage was terminated by death or dissolution.
</html:p>
<html:p>
2.
<html:span class="EmSpace"/>
The law may require you,
if you are not a relative, or a currently licensed, certified, or approved foster parent, to obtain kinship family approval pursuant to Section 16519.4 of the Welfare and Institutions Code, or resource family approval pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code in order to care for a minor. If you have any questions, please contact your local department of social services.
</html:p>
<html:p>
3.
<html:span class="EmSpace"/>
If the minor stops living with you, the affidavit is no longer valid. You are required to notify any school, health care provider, or health care service plan to which you have given this affidavit that the minor is no longer living with you and that, as a result, the affidavit is no longer valid.
</html:p>
<html:p>
4.
<html:span class="EmSpace"/>
If you do not have the information
requested in item 8 (California driver’s license or I.D., or government-issued consular card), provide another form of identification such as your social security number or Medi-Cal number.
</html:p>
<html:p>
<html:br/>
TO SCHOOL OFFICIALS:
</html:p>
<html:p>
<html:br/>
1.
<html:span class="EmSpace"/>
Section 48204 of the Education Code provides that this affidavit constitutes a sufficient basis for a determination of residency of the minor, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the minor is not living with the caregiver.
</html:p>
<html:p>
<html:br/>
2.
<html:span class="EmSpace"/>
The school district may require additional reasonable evidence that the caregiver lives at the address provided in item 4.
</html:p>
<html:p>
<html:br/>
3.
<html:span class="EmSpace"/>
A seal or signature of the court is not required. This form is not required to be notarized.
</html:p>
<html:p>
<html:br/>
TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:
</html:p>
<html:p>
<html:br/>
1.
<html:span class="EmSpace"/>
When signed by a relative, this affidavit shall confer the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by a relative caregiver may include mental health treatment subject to the limitations of Section 2356 of the Probate Code.
<html:br/>
<html:br/>
2.
<html:span class="EmSpace"/>
A health care service provider who acts in good faith reliance upon a caregiver’s authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the form are completed. A seal or signature of the court is not
required. This form is not required to be notarized.
</html:p>
<html:p>
<html:br/>
3.
<html:span class="EmSpace"/>
This affidavit does not confer dependency for health care coverage purposes.
<html:br/>
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_8AB513AE-EADD-482E-8140-AF1A55EB3D9A">
<ns0:Num>SEC. 6.</ns0:Num>
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Section 8609 of the
<ns0:DocName>Family Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5A454F5F-7D3A-4295-B45C-B83C98DAEF1E">
<ns0:Num>8609.</ns0:Num>
<ns0:LawSectionVersion id="id_F5F454A9-6F3D-4BD8-9C72-183135C4E6C3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any person or organization that advertises in any periodical or newspaper, by radio, or other public medium, that the person or organization will place children for adoption, or accept, supply, provide, or obtain children for adoption, or that causes any advertisement to be published in or by any public medium soliciting, requesting, or asking for any child or children for adoption, is guilty of a misdemeanor, unless one of the following conditions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person or organization holds a valid and unrevoked license to operate as a licensed adoption agency, as defined in Section 8530, and is authorized to place children for adoption.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person or organization is exempt from licensure
pursuant to subdivision
(x) or (y) of Section 1505 of the Health and Safety Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Any person, organization, association, or corporation that seeks to place any child for adoption is guilty of a misdemeanor, unless one of the following conditions applies:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person, organization, or corporation holds a valid and unrevoked license to operate as a licensed adoption agency, as defined in Section 8530, and is authorized to place children for adoption.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person, organization, or corporation is exempt from licensure pursuant to subdivision (x) or (y) of Section 1505 of the Health and Safety
Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The person is the legal parent.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Any person or organization that performs any of the functions of an adoption agency or holds itself out as performing any of the functions of an adoption agency, as described in paragraphs (9) and (10) of subdivision (a) of Section 1502 of the Health and Safety Code, without a valid and unrevoked license issued by the department shall be deemed an unlicensed adoption agency, as referenced in paragraph (6) of subdivision (a) of Section 1503.5 of Health and Safety Code, unless otherwise permitted under California law.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_74052C35-6004-44C2-B9E9-037641091E92">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:FAM:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'13.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8704.5.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 8704.5 of the
<ns0:DocName>Family Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_20181521-619E-492F-82C6-2830CE4CA1DA">
<ns0:Num>8704.5.</ns0:Num>
<ns0:LawSectionVersion id="id_06B92256-3117-4B8B-91A5-52A42CA0F1E0">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A foster care license, certification, kinship family approval, or resource family approval shall not be required for placement of a nondependent child who is relinquished for adoption to a licensed private adoption agency, if the child is placed in the care of prospective adoptive parents who have an approved adoption home study that meets the criteria established by the department for home studies conducted within the state.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
During a preadoptive placement made pursuant to subdivision (a), the licensed private adoption agency shall conduct
in-home supervisory visits no less than once every 30 days, until the child has been legally freed and formally placed for adoption.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_63FAC687-7CB4-4D44-960A-4842B5039C54">
<ns0:Num>SEC. 8.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:FAM:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'13.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'8708.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 8708 of the
<ns0:DocName>Family Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3DF9B5FB-5E1D-4F9D-AE86-A9219DA1A30C">
<ns0:Num>8708.</ns0:Num>
<ns0:LawSectionVersion id="id_572317C6-8A8A-4B35-8272-D40B93A85556">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The adoption agency to which a child has been freed for adoption by either relinquishment or termination of parental rights shall not do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Deny to any person the opportunity to become an adoptive parent on the basis of the race, color, or national origin of the person or the child involved.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Delay or deny the placement of a child for adoption on the basis of the race, color, or national origin of the adoptive parent or the child involved.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Delay or deny the placement of a child for adoption solely because the prospective, approved adoptive family resides outside the jurisdiction of the department, county
adoption agency, or licensed adoption agency. For purposes of this paragraph, an approved adoptive family means a family approved pursuant to the California adoptive applicant assessment standards, approved as a kinship family pursuant to Section 16519.4 of the Welfare and Institutions Code, or approved as a resource family pursuant to Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code. If the adoptive applicant assessment was conducted in another state according to that state’s standards, the California placing agency shall determine whether the standards of the other state substantially meet the standards and criteria established in California adoption regulations.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section shall not be
construed to affect the application of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 and following).
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_ABE2983E-547A-421E-846E-E53505B91C51">
<ns0:Num>SEC. 9.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:FAM:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'13.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'9201.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 9201 of the
<ns0:DocName>Family Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_5A3C68C5-495F-4818-8087-BF96409D0248">
<ns0:Num>9201.</ns0:Num>
<ns0:LawSectionVersion id="id_A5329239-1117-4919-A2A7-1B6DE58C3BAF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as otherwise permitted or required by statute, neither the department nor a licensed adoption agency shall release information that would identify persons who receive, or have received, adoption services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Employees of the department and licensed adoption agencies shall release to the department at Sacramento any requested information, including identifying information, for the purposes of recordkeeping and monitoring, evaluation, and regulation of the provision of adoption services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Prior to the placement of a child for adoption, the department or licensed adoption agency may, upon the written request of both a birth and a prospective adoptive parent, arrange for contact between these
birth and prospective adoptive parents that may include the sharing of identifying information regarding these parents.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department and any licensed adoption agency may, upon written authorization for the release of specified information by the subject of that information, share information regarding a prospective adoptive parent or birth parent with other social service agencies, including the department, other licensed adoption agencies, counties or licensed foster family agencies for purposes of approving a kinship family pursuant to Section 16519.4 of the Welfare and Institutions Code, a resource family pursuant to
Section 1517 of the Health and Safety Code or Section 16519.5 of the Welfare and Institutions Code, or providers of health care as defined in Section 56.05 of the Civil Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other law, the department and any licensed adoption agency may furnish information relating to an adoption petition or to a child in the custody of the department or any licensed adoption agency to the juvenile court, county welfare department, public welfare agency, private welfare agency licensed by the department, provider of foster care services, potential adoptive parent, or provider of health care as defined in Section 56.05 of the Civil Code, if it is believed the child’s welfare will be promoted thereby.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department and any licensed adoption agency may make adoption case records, including identifying information, available for
research purposes, provided that the research will not result in the disclosure of the identity of the child or the parties to the adoption to anyone other than the entity conducting the research.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9EF9E7D0-35D6-482A-9AE9-9C243C842427">
<ns0:Num>SEC. 10.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:FAM:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'13.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'9203.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 9203.1 of the
<ns0:DocName>Family Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_69061B0D-2AD4-4AB9-84AF-A888D346D64D">
<ns0:Num>9203.1.</ns0:Num>
<ns0:LawSectionVersion id="id_0637AE8E-D815-4373-B970-7128853F396F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department or a licensed adoption agency shall, upon the request of a prospective adoptive parent, disclose an adoption homestudy and any updates to an adoption homestudy to a county or licensed foster family agency for the purpose of approving the prospective adoptive parent as a kinship family pursuant to Section 16519.4 of the Welfare and Institutions Code, or a resource family pursuant to Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall prescribe the form of the request described
in subdivision (a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department or a licensed adoption agency shall respond to a request made pursuant to subdivision (a) within 20 working days of receiving it.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department or a licensed adoption agency may charge a fee to cover the reasonable costs of processing requests made pursuant to subdivision (a). The department or a licensed adoption agency shall waive fees authorized by this subdivision for any person who is receiving public assistance pursuant to Part 3 (commencing with Section 11000) of Division 9 of the Welfare and Institutions Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9DD33784-99A7-46CB-9E72-EB28AB3D9152">
<ns0:Num>SEC. 11.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'7930.165.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 7930.165 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8AB29D5A-BDE5-461D-9125-6F583F18E57D">
<ns0:Num>7930.165.</ns0:Num>
<ns0:LawSectionVersion id="id_4EF747C2-1488-4DC3-BC60-DBEE939B03AD">
<ns0:Content>
<html:p>The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division:</html:p>
<html:p>Joint Legislative Ethics Committee, confidentiality of reports and records, Section 8953, this code.</html:p>
<html:p>Judicial candidates, confidentiality of communications concerning, Section 12011.5, this code.</html:p>
<html:p>Judicial proceedings, confidentiality of employer records of employee absences, Section 230.2, Labor Code.</html:p>
<html:p>Jurors’ lists, lists of registered voters and licensed drivers as source for, Section 197, Code of Civil Procedure.</html:p>
<html:p>Juvenile court proceedings to adjudge a person a dependent child of court, sealing records of,
Section 389, Welfare and Institutions Code.</html:p>
<html:p>Juvenile criminal records, dissemination to schools, Section 828.1, Welfare and Institutions Code.</html:p>
<html:p>Juvenile delinquents, notification of chief of police or sheriff of escape of minor from secure detention facility, Section 1155, Welfare and Institutions Code.</html:p>
<html:p>Kinship families, identifying information, Section 1536, Health and Safety Code, and Section 16519.55, Welfare and Institutions Code.</html:p>
<html:p>Labor dispute, investigation and mediation records, confidentiality of, Section 3601, this code.</html:p>
<html:p>Lanterman-Petris-Short Act, mental health services recipients, confidentiality of information and records, mental health advocate, Sections 5540, 5541, 5542, and
5550, Welfare and Institutions Code.</html:p>
<html:p>Law enforcement vehicles, registration disclosure, Section 5003, Vehicle Code.</html:p>
<html:p>Legislative Counsel records, Section 7928.100, this code.</html:p>
<html:p>Library circulation records and other materials, Sections 7925.000 and 7927.105, this code.</html:p>
<html:p>Life and disability insurers, actuarial information, confidentiality of, Section 10489.15, Insurance Code.</html:p>
<html:p>Litigation, confidentiality of settlement information, Section 68513, this code.</html:p>
<html:p>Local agency legislative body, closed sessions, disclosure of materials, Section 54956.9, this code.</html:p>
<html:p>Local government employees, confidentiality of records and claims relating to group insurance, Section 53202.25, this code.</html:p>
<html:p>Local summary criminal history information, confidentiality of, Sections 13300 and 13305, Penal Code.</html:p>
<html:p>Local agency legislative body, closed session, nondisclosure of minute book, Section 54957.2, this code.</html:p>
<html:p>Local agency legislative body, meeting, disclosure of agenda, Section 54957.5, this code.</html:p>
<html:p>Long-term health facilities, confidentiality of complaints against, Section 1419, Health and Safety Code.</html:p>
<html:p>Long-term health facilities, confidentiality of records retained by State Department of Public Health, Section 1439, Health and Safety Code.</html:p>
<html:p>Los Angeles County Tourism Marketing Commission, confidentiality of information obtained from businesses to determine their assessment, Section 13995.108, this code.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_16D0C0A0-22EA-4AA8-861B-DE51AA4C8EEF">
<ns0:Num>SEC. 12.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'7930.190.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 7930.190 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F891E4DE-7C89-4310-ABD9-120F77E9ADF6">
<ns0:Num>7930.190.</ns0:Num>
<ns0:LawSectionVersion id="id_B8C029FF-9FC2-40DA-9BC9-0D67FA65E5B7">
<ns0:Content>
<html:p>The following provisions may operate to exempt certain records, or portions thereof, from disclosure pursuant to this division:</html:p>
<html:p>Radioactive materials, dissemination of information about transportation of, Section 33002, Vehicle Code.</html:p>
<html:p>Railroad infrastructure protection program, disclosure not required for risk assessments filed with the Public Utilities Commission, the Director of Emergency Services, or the Office of Emergency Services, Section 7929.215, this code.</html:p>
<html:p>Real estate broker, annual report to Bureau of Real Estate of financial information, confidentiality of, Section 10232.2, Business and Professions Code.</html:p>
<html:p>Real property, acquisition by state or local government,
information relating to feasibility, Section 7928.705, this code.</html:p>
<html:p>Real property, change in ownership statement, confidentiality of, Section 27280, this code.</html:p>
<html:p>Records described in Section 1620, Penal Code.</html:p>
<html:p>Records of contract purchasers, inspection by public prohibited, Section 85, Military and Veterans Code.</html:p>
<html:p>Records of persons committed to a state hospital pursuant to Section 4135, Welfare and Institutions Code.</html:p>
<html:p>Registered public obligations, inspection of records of security interests in, Section 5060, this code.</html:p>
<html:p>Registration of exempt vehicles, nondisclosure of name of person involved in alleged violation, Section 5003, Vehicle Code.</html:p>
<html:p>Rehabilitation, Department of, confidential information, Section 19016,
Welfare and Institutions Code.</html:p>
<html:p>Reinsurance intermediary-broker license information, confidentiality of, Section 1781.3, Insurance Code.</html:p>
<html:p>Relocation assistance, confidential records submitted to a public entity by a business or farm operation, Section 7262, this code.</html:p>
<html:p>Rent control ordinance, confidentiality of information concerning accommodations sought to be withdrawn from, Section 7060.4, this code.</html:p>
<html:p>Report of probation officer, inspection, copies, Section 1203.05, Penal Code.</html:p>
<html:p>Repossession agency licensee application, confidentiality of information, Sections 7503, 7504, and 7506.5, Business and Professions Code.</html:p>
<html:p>Reproductive health facilities, disclosure not required for personal information regarding employees, volunteers, board members, owners,
partners, officers, and contractors of a reproductive health services facility who have provided requisite notification, Sections 7926.400 to 7926.430, inclusive, this code.</html:p>
<html:p>Residence address in any record of Department of Housing and Community Development, confidentiality of, Section 7927.415, this code.</html:p>
<html:p>Residence address in any record of Department of Motor Vehicles, confidentiality of, Section 7927.405, this code, and Section 1808.21, Vehicle Code.</html:p>
<html:p>Residence and mailing addresses in records of Department of Motor Vehicles, confidentiality of, Section 1810.7, Vehicle Code.</html:p>
<html:p>Residential care facilities, confidentiality of resident information, Section 1568.08, Health and Safety Code.</html:p>
<html:p>Residential care facilities for the elderly, confidentiality of client information, Section 1569.315, Health and
Safety Code.</html:p>
<html:p>Resource families, identifying information, Section 1536, Health and Safety Code, Section 16519.55, Welfare and Institutions Code.</html:p>
<html:p>Respiratory care practitioner, professional competency examination reports, confidentiality of, Section 3756, Business and Professions Code.</html:p>
<html:p>Restraint of trade, civil action by district attorney, confidential memorandum, Section 16750, Business and Professions Code.</html:p>
<html:p>Reward by Governor for information leading to arrest and conviction, confidentiality of person supplying information, Section 1547, Penal Code.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_517CD156-2A89-4328-985D-436339CD3BBF">
<ns0:Num>SEC. 13.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'30029.7.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 30029.7 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B6923CAF-DDA2-4E20-9A2C-58A8C93DEE60">
<ns0:Num>30029.7.</ns0:Num>
<ns0:LawSectionVersion id="id_874D02C7-30C4-48C8-9CE2-8E7921589BCB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law and to the extent consistent with or required by federal law or court order, a county or counties may contract directly with, or otherwise request, the State Department of Health Care Services or the State Department of Social Services, as applicable, to provide or administer the following programs, services, or activities:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The Drug Medi-Cal Treatment Program pursuant to Article 3.2 (commencing with Section 14124.20) of Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Agency adoptions pursuant to Chapter 2 (commencing with Section 16100) of Part 4 of Division 9 of the Welfare and Institutions Code and Chapter 2 (commencing with Section
8700) of Part 2 of Division 13 of the Family Code. Notwithstanding any other law, a license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code shall not be required of a county that provides agency adoption program services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The kinship family approval program or resource family approval program pursuant to Article 2 (commencing with Section 16519.3) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, or any portion thereof.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Nothing in paragraph (1) or (2) of subdivision (a) shall prevent a
county from providing funding for any of the programs, services, or activities through a contract with another county, joint powers agreement, or county consortium.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Contracts awarded pursuant to paragraph (1) of subdivision (a) shall be exempt from the requirements of Chapter 1 (commencing with Section 10100) and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. Contracts with the State Department of Health Care Services shall include reimbursement to the state for the cost of providing the services or activities in paragraph (1) of subdivision (a), subject to the terms of the contract. Those reimbursement amounts shall not exceed the funding provided to counties for specified programs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Contracts awarded pursuant to paragraphs (2) and (3) of subdivision (a) shall be exempt from the requirements of
Chapter 1 (commencing with Section 10100) and Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code. Contracts with, or other requests of, the State Department of Social Services shall include reimbursement to the state for the costs of providing the services or activities in paragraph (2) or (3) of subdivision (a).
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_5BA60104-63B7-43C3-A243-B5CE068E5633">
<ns0:Num>SEC. 14.</ns0:Num>
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Section 1501.1 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_A19C8E5B-3FB7-4AF7-BD32-B7E360DC764F">
<ns0:Num>1501.1.</ns0:Num>
<ns0:LawSectionVersion id="id_2E4B918D-9283-4B97-A4FA-ED9600857FEA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the policy of the state to facilitate the proper placement of every child in residential care facilities where the placement is in the best interests of the child. A county may require placement or licensing agencies, or both placement and licensing agencies, to actively seek out-of-home care facilities capable of meeting the varied needs of the child. Therefore, in placing children in out-of-home care, particular attention should be given to the individual child’s needs, the ability of the facility to meet those needs, the needs of other children in the facility, the licensing requirements of the facility as determined by the licensing agency, and the impact of the placement on the family reunification plan.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Pursuant to this section, children with
varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by Section 56026 of the Education Code, except as provided by statute, may be placed in the same facility provided the facility is licensed, complies with all licensing requirements relevant to the protection of the child, and has a special permit, if necessary, to meet the needs of each child so placed. A facility may not require, as a condition of placement, that a child be identified as an individual with exceptional needs as defined by Section 56026 of the Education Code.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Neither the requirement for any license nor any regulation shall restrict the implementation of the provisions of this section. Implementation of this section does not obviate the requirement for a
facility to be licensed by the department.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Pursuant to this section, children with varying designations and varying needs, including, on and after January 1, 2012, nonminor dependents, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by Section 56026 of the Education Code, except as provided by statute, may be placed with a foster family agency for subsequent placement with a kinship family or a resource family. Children, including nonminor dependents, with developmental
disabilities, mental disorders, or physical disabilities may be placed in licensed foster family
homes, with kinship families, or with resource families, provided that an appraisal of the child’s or nonminor dependent’s needs and the ability of the receiving home to meet those needs is made jointly by the placement agency and the licensee in the case of licensed foster family homes or the placement agency and the foster family agency in the case of kinship families or resource families, and is followed by written confirmation prior to placement. The appraisal shall confirm that the placement poses no threat to any child in the home.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this chapter, the placing of children by foster family agencies shall be referred to as “subsequent placement” to
distinguish the activity from the placing by public agencies.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this chapter, and unless otherwise specified, references to a “child” shall include a “nonminor dependent,” as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, “nonminor former dependent or ward,” as defined in paragraph (1) of subdivision (aa) of Section 11400 of the Welfare and Institutions Code, and nonminors who meet the definition of “individuals with exceptional needs” as defined by Section 56026 of the Education Code.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_7BF0AD98-9F86-44BB-B540-E1FDD43FAB46">
<ns0:Num>SEC. 15.</ns0:Num>
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Section 1502 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_9F0B07FE-4E30-4056-9FD8-87B00AE27CB1">
<ns0:Num>1502.</ns0:Num>
<ns0:LawSectionVersion id="id_208DCC95-6AF7-45BF-A2BB-6E60C11C662A">
<ns0:Content>
<html:p>As used in this chapter:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Community care facility” means any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children, and includes the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Residential facility” means any family home, group care facility, or similar facility determined by the department, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of
the individual.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Adult day program” means any community-based facility or program that provides care to persons 18 years of age or older in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of these individuals on less than a 24-hour basis.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Therapeutic day services facility” means any facility that provides nonmedical care, counseling, educational or vocational support, or social rehabilitation services on less than a 24-hour basis to persons under 18 years of age who would otherwise be placed in foster care or who are returning to families from foster care. Program standards for these facilities shall be developed by the department, pursuant to Section 1530, in consultation with therapeutic day services and foster care providers.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Foster family agency” means any public agency or private organization, organized and operated on a nonprofit basis, engaged in any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Recruiting,
approving, and training of, and providing professional support to, foster parents and resource families.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Coordinating with county placing agencies to find homes for foster children in need of care.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Providing services and supports to licensed foster parents, county-approved resource families, county-approved kinship families, and children to the extent authorized by state and federal law.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Foster family home” means any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including
their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Section 1505.2.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Small family home” means any residential facility, in the licensee’s family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to subdivision (a) of Section 17710 of the Welfare and Institutions Code. In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Social rehabilitation facility” means any residential facility that provides social rehabilitation services for no longer than 18 months in a group setting to adults recovering from mental illness who temporarily need assistance, guidance, or counseling. Program components shall be subject to program standards pursuant to Article 1 (commencing with Section 5670) of Chapter 2.5 of Part 2 of Division 5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Community treatment facility” means any residential facility that provides mental health treatment services to children in a group setting and that has the capacity to provide secure containment. Program components shall be subject to program standards developed and enforced by the State Department of Health Care Services pursuant to Section 4094 of the Welfare and Institutions Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This section does not prohibit or discourage placement of persons who have mental or physical disabilities into any category of community care facility that meets the needs of the individual placed, if the placement is consistent with the licensing regulations of the department.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Full-service adoption agency” means any licensed entity engaged in the business of providing adoption services, that does all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Assesses the birth parents, prospective adoptive parents, or child.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Places children for adoption.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Supervises adoptive placements.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Recruits prospective adoptive parents, locates children for an adoption, or acts as an intermediary between the parties to an adoption.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a full-service adoption agency shall be accredited and in good standing according to Part 96 (commencing with Section 96.1) of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Noncustodial adoption agency” means any licensed entity engaged in the business of providing adoption services, that does all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Assesses the prospective adoptive parents.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved adoptive applicants.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Cooperatively supervises adoption placements with a full-service adoptive agency, but does not disrupt a placement or remove a child from a placement.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Recruits prospective adoptive parents, locates children for an adoption, or acts as an intermediary between the parties to an adoption.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited and in good standing according to Part 96 (commencing with Section 96.1) of Title 22 of the Code of Federal Regulations, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“Transitional shelter care facility” means any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual. Program components shall be subject to program standards developed by the
State Department of Social Services pursuant to Section 1502.3.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
“Transitional housing placement provider” means an organization licensed by the department pursuant to Section 1559.110 to provide transitional housing to foster children who are at least 16 years of age to promote their transition to adulthood. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
“Group home” means a residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
“Youth homelessness prevention center” means a group home licensed by the department to operate a
program pursuant to Section 1502.35 to provide voluntary, short-term, shelter and personal services to homeless youth, youth who are at risk of homelessness, youth who are exhibiting status offender behavior, or runaway youth, as defined in paragraph (2) of subdivision (a) of Section 1502.35.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
“Enhanced behavioral supports home” means a facility certified by the State Department of Developmental Services pursuant to Article 3.6 (commencing with Section 4684.80) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services as an adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting. An enhanced behavioral supports home shall have a maximum capacity of four consumers, shall conform to Section 441.530(a)(1) of Title 42 of
the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
“Community crisis home” means a facility certified by the State Department of Developmental Services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, and licensed by the State Department of Social Services pursuant to Article 9.7 (commencing with Section 1567.80), as an adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, and who would otherwise be at risk of admission to the acute crisis center at Fairview Developmental Center, an acute general hospital, acute psychiatric hospital, an institution for mental disease, as described in Part 5 (commencing with Section 5900) of Division 5 of the Welfare and Institutions Code,
or an out-of-state placement. A community crisis home shall have a maximum capacity of eight consumers, as defined in subdivision (a) of Section 1567.80, shall conform to Section 441.530(a)(1) of Title 42 of the Code of Federal Regulations, and shall be eligible for federal Medicaid home- and community-based services funding.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
“Crisis nursery” means a facility licensed by the department to operate a program pursuant to Section 1516 to provide short-term care and supervision for children under six years of age who are voluntarily placed for temporary care by a parent or legal guardian due to a family crisis or stressful situation.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
“Short-term residential therapeutic program” means a residential facility operated by a public agency or private organization and licensed by the department pursuant to Section 1562.01 that provides an integrated program of specialized and
intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children that is trauma-informed, as defined in standards and regulations adopted by the department. The care and supervision provided by a short-term residential therapeutic program shall be nonmedical, except as otherwise permitted by law. Private short-term residential therapeutic programs shall be organized and operated on a nonprofit basis. A short-term residential therapeutic program may be operated as a children’s crisis residential program.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
“Private alternative boarding school” means a group home licensed by the department to operate a program pursuant to Section 1502.2 to provide youth with 24-hour residential care and supervision, that, in addition to providing educational services to youth, provides, or holds itself out as providing, behavioral-based services to youth with social, emotional, or behavioral issues. The
care and supervision provided by a private alternative boarding school shall be nonmedical, except as otherwise permitted by law.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
“Private alternative outdoor program” means a group home licensed by the department to operate a program pursuant to Section 1502.21 to provide youth with 24-hour residential care and supervision, that provides, or holds itself out as providing, behavioral-based services in an outdoor living setting to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative outdoor program shall be nonmedical, except as otherwise permitted by law.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
“Children’s crisis residential program” means a facility licensed by the department as a short-term residential therapeutic program pursuant to Section 1562.02 and approved by the State Department of Health Care Services, or a county mental health plan to which
the State Department of Health Care Services has delegated approval authority, to operate a children’s crisis residential mental health program with approval pursuant to Section 11462.011 of the Welfare and Institutions Code, to serve children experiencing mental health crises as an alternative to psychiatric hospitalization.
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
“Group home for children with special health care needs” means a group home certified by the State Department of Developmental Services pursuant to Article 3.5 (commencing with Section 4684.50) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code and licensed by the State Department of Social Services pursuant to Article 9 (commencing with Section 1567.50) of this code that provides 24-hour health care and intensive support services in a homelike setting. A group home for children with special health care needs shall have a maximum capacity of five children with developmental disabilities, as defined in
subdivision (a) of Section 4512 of the Welfare and Institutions Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Department” or “state department” means the State Department of Social Services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Director” means the Director of Social Services.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_091C0AE1-685A-4497-ACC8-40EDC178685A">
<ns0:Num>SEC. 16.</ns0:Num>
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Section 1505 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6A6F9092-1AF0-4224-B766-8296A84533AB">
<ns0:Num>1505.</ns0:Num>
<ns0:LawSectionVersion id="id_F96BEEC2-A8DD-4FCA-97D8-9C2309F24814">
<ns0:Content>
<html:p>This chapter does not apply to any of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
A health facility, as defined by Section 1250.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A clinic, as defined by Section 1200.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A juvenile placement facility approved by the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or any juvenile hall operated by a county.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A place in which a juvenile is judicially placed pursuant to subdivision (a) of Section 727 of the Welfare and Institutions Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A child day care facility, as defined in Section 1596.750.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A facility conducted by and for the adherents of any well-recognized church or religious denomination for the purpose of providing facilities for the care or treatment of the sick who depend solely upon prayer or spiritual means for healing in the practice of the religion of the church or denomination.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A private alternative boarding school or private alternative outdoor program, as defined in subdivision (a) of Section 1502, that uses prayer or spiritual means as a component of its programming or services in addition to behavioral-based services is subject to licensure under this chapter.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A school dormitory or similar facility determined by the department, except a private alternative boarding school or private alternative outdoor program, as defined in subdivision (a) of Section
1502.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A house, institution, hotel, homeless shelter, or other similar place that supplies board and room only, or room only, or board only, provided that no resident thereof requires any element of care, as determined by the department.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A recovery house or other similar facility that provides group living arrangements for adults recovering from alcoholism or drug addiction and that does not provide care or supervision.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
An alcoholism or drug abuse recovery or treatment facility as defined in Section 11834.02.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
An arrangement for the receiving and care of persons by a relative or an arrangement for the receiving and care of persons from only one family by a close friend of the parent, guardian, or conservator, if the arrangement is not for
financial profit and occurs only occasionally and irregularly, as defined by regulations of the department. For purposes of this chapter, arrangements for the receiving and care of persons by a relative include relatives of the child for the purpose of keeping sibling groups together.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A home of a relative caregiver of children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (d) of Section 309 of the Welfare and Institutions Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A home of a nonrelative extended family member, as described in Section 362.7 of the Welfare and Institutions Code, providing care to children who are placed by a juvenile court, supervised by the county welfare or probation department, and the placement of whom is approved according to subdivision (d) of
Section 309 of the Welfare and Institutions Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
On and after January 1, 2012, any supervised independent living placement for nonminor dependents, as defined in subdivision (w) of Section 11400 of the Welfare and Institutions Code, who are placed by the juvenile court, supervised by the county welfare department, probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1 of the Welfare and Institutions Code, and whose placement is approved pursuant to subdivision (k) of Section 11400 of the Welfare and Institutions Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A transitional living setting, as described in paragraph (4) of subdivision (x) of Section 11400 of the Welfare and Institutions Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A Transitional Housing Program-Plus, as defined in subdivision (s) of
Section 11400 of the Welfare and Institutions Code, that serves only eligible former foster youth over 18 years of age who have exited from the foster care system on or after their 18th birthday, and that has obtained certification from the applicable county in accordance with subdivision (c) of Section 16522 of the Welfare and Institutions Code.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
A supported living arrangement for individuals with developmental disabilities, as defined in Section 4689 of the Welfare and Institutions Code.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A family home agency, family home, or family teaching home, as defined in Section 4689.1 of the Welfare and Institutions Code, that is vendored by the State Department of Developmental Services and that does any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
As a family home approved by a family home agency, provides
24-hour care for one or two adults with developmental disabilities in the residence of the family home provider or providers and the family home provider or providers’ family, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
As a family teaching home approved by a family home agency, provides 24-hour care for a maximum of three adults with developmental disabilities in independent residences, whether contiguous or attached, and the provider is not licensed by the State Department of Social Services or the State Department of Public Health or certified by a licensee of the State Department of Social Services or the State Department of Public Health.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
As a family home agency, engages in recruiting,
approving, and providing support to family homes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision does not establish by implication either a family home agency or family home licensing category.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
A facility in which only Indian children who are eligible under the federal Indian Child Welfare Act (Chapter 21 (commencing with Section 1901) of Title 25 of the United States Code) are placed and that is one of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An extended family member of the Indian child, as defined in Section 1903 of Title 25 of the United States Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A foster home that is licensed, approved, or specified by the Indian child’s tribe pursuant to Section 1915 of Title 25 of the United States Code.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Housing occupied by elderly or disabled persons, or both, that is initially approved and operated under a regulatory agreement pursuant to Section 202 of Public Law 86-372 (12 U.S.C. Sec. 1701q), or Section 811 of Public Law 101-625 (42 U.S.C. Sec. 8013), or that receives mortgage assistance pursuant to Section 236 of Public Law 90-448 (12 U.S.C. Sec. 1715z), or whose mortgage is insured pursuant to Section 221d(3) of Public Law 87-70 (12 U.S.C. Sec. 1715
<html:i>l</html:i>
), where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Housing that qualifies for a low-income housing credit pursuant to Section 252 of Public Law 99-514 (26 U.S.C. Sec. 42) or that is subject to the requirements for rental dwellings for low-income families pursuant to Section 8 of Public Law 93-383 (42 U.S.C. Sec.
1437f), and that is occupied by elderly or disabled persons, or both, where supportive services are made available to residents at their option, as long as the project owner or operator does not contract for or provide the supportive services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The project owner or operator to which paragraph (1) applies may coordinate, or help residents gain access to, the supportive services, either directly, or through a service coordinator.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
A kinship family, as defined in Section 16519.4 of the Welfare and Institutions Code, that has been approved by a county child welfare department or probation department.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
A resource family, as defined in Section 16519.5 of the Welfare and Institutions Code, that has been approved by a county child welfare department or probation department.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
A home approved by a licensed private adoption agency pursuant to Section 8704.5 of the Family Code, for the placement of a nondependent child who is relinquished for adoption to the adoption agency.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
An occasional short-term babysitter, as described in Section 362.04 of the Welfare and Institutions Code.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
An alternative caregiver, except as specified in Section 16501.02 of the Welfare and Institutions Code.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Except as specified in subdivision (b) of Section 16501.01 of the Welfare and Institutions Code, a respite care provider certified by a county.
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
An adoption service provider, as defined in Section 8502 of the Family Code, except a licensed private adoption agency as specified in paragraph (1) of subdivision (a) of that section.
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
A county adoption agency as defined in Section 8513 of the Family Code.
</html:p>
<html:p>
(y)
<html:span class="EnSpace"/>
Any similar facility determined by the department.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_06047DF0-5C0E-4B15-A23F-C2C7CD2D611F">
<ns0:Num>SEC. 17.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1506.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1506 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4D1382C9-FDCF-4282-B7B4-D2FF14EE2A6C">
<ns0:Num>1506.</ns0:Num>
<ns0:LawSectionVersion id="id_27315617-4317-4028-B797-AA592DD20E9E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A foster family agency may use only a resource family that has been approved by that agency or, pursuant to Section 1506.5, a licensed foster family home or a county-approved kinship family or resource family approved for this use by the county.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A home selected and approved for the reception and care of children by a foster
family agency is not subject to Section 1508. A
resource family of a foster family agency shall not be licensed as a residential facility.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A child with a developmental disability who is placed with a resource family by a foster family agency that is operating under agreement with the regional center responsible for that child may remain with the resource family after 18 years of age. The determination regarding whether and how long the resident may remain as a resident after 18 years of age shall be made through the agreement of all parties involved, including the resident, the resource family, the foster family agency social worker, the resident’s regional center case manager, and the resident’s parent, legal guardian, or conservator, as appropriate. This determination shall include a needs and service plan that contains an assessment of the child’s needs to ensure continued compatibility with the other children in placement. The needs and service plan shall be
completed no more than six months before the child’s 18th birthday. The assessment shall be documented and maintained in the child’s file with the foster family agency.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A resource family of a foster family agency may be concurrently certified as a host family pursuant to Section 1559.110 if the home is certified by the same private, nonprofit organization licensed to operate as a transitional housing placement provider and foster family agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A transitional housing placement provider, as described in subparagraph (B) of paragraph (1) of subdivision (d) of Section 1559.110, may provide supportive services to a nonminor dependent placed
with a resource family of a foster family agency if that provider signs a memorandum of understanding (MOU) with the foster family agency. The MOU shall contain both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The contact information for both entities.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A description of each entities’ requirements and responsibilities for each child and nonminor dependent in the home.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c) of Section 1559.110, a host family certified pursuant to subparagraph (A) shall comply with the laws applicable to a resource family, as determined by the department, for each participant placed with the host family.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Social work personnel for a foster family agency shall have a master’s degree or higher from an accredited or state-approved graduate school in social work or social welfare, or equivalent education and experience, as determined by the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Persons who possess a master’s degree or higher from an accredited or state-approved graduate school in any of the following areas, or equivalent education and experience, as determined by the department, shall be considered to be qualified
to perform social work activities in a foster family agency:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Marriage, family, and child counseling.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Child psychology.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Child development.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Counseling psychology.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Social psychology.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Clinical psychology.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Educational psychology, consistent with the scope of practice as described in Section 4989.14 of the Business and Professions Code.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Education, with emphasis on counseling.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An area that includes the
core content areas required for licensure as a Licensed Professional Clinical Counselor, as specified in Sections 4999.32 and 4999.33 of the Business and Professions Code.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
A subject area that is functionally equivalent to those listed in subparagraphs (A) to (I), inclusive, as set forth by the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to the degree specifications in subdivision (e), all of the following coursework and field practice or experience, as defined in departmental regulations, shall be required of all new hires for the position of social work personnel effective January 1,
1995:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
At least three semester units of field practice at the master’s level or six months’ full-time equivalent experience in a public or private social service agency setting.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
At least nine semester units of coursework related to human development or human behavior, or, within the first year of employment, experience working with children and families as a major responsibility of the position under the supervision of a supervising social worker.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
At least three semester units in working with minority populations or six months of experience in working with minority populations or training in cultural competency and working with minority populations within the first six months of employment as a condition of employment.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
At least three
semester units in child welfare or at least six months of experience in a public or private child welfare social services setting for a nonsupervisory social worker. A supervising social worker shall have two years’ experience in a public or private child welfare social services setting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Persons who do not meet the requirements specified in subdivision (e) or this subdivision may apply for an exception as provided for in subdivisions (h) and (i).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Exceptions granted by the department before January 1, 1995, shall remain in effect.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Persons who are hired as social work personnel on or after January 1, 1995, who do not meet the requirements listed in this subdivision shall be required to successfully meet those requirements in order to be employed as social
work personnel in a foster family agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Employees who were hired before January 1, 1995, shall not be required to meet the requirements of this subdivision in order to remain employed as social work personnel in a foster family agency.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Coursework and field practice or experience completed to fulfill the degree requirements of subdivision (e) may be used to satisfy the requirements of this subdivision.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to the degree specifications in subdivision (e) and the coursework and field practice or
experience described in subdivision (f), social work personnel shall meet core competencies to participate in the assessment and evaluation of an applicant or resource family, as determined by the department in written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A resource family home health and safety assessment may be completed by nonsocial work personnel that meet the requirements of subparagraph (C), if the assessment is reviewed and approved by a social worker.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The orientation of potential resource family applicants may be completed by nonsocial work personnel that meet the requirements of subparagraph (C).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Nonsocial work personnel completing an assessment or orientation pursuant to this paragraph shall have a minimum
of a bachelor’s degree in social work, psychology, or a similar field, and experience and core competencies necessary to competently participate in the resource family home health and safety assessment or the orientation of an applicant or resource family. The department shall consult with stakeholders to issue guidance that may include exceptions for when nonsocial work personnel have the background and experience to competently complete the assessment or orientation.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Individuals seeking an exception to the requirements of subdivision (e) or (f) based on completion of equivalent education and experience shall apply to the department by the process established by the
department.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department shall complete the process for the exception to minimum education and experience requirements described in subdivisions (e) and (f) within 30 days of receiving the exception application of social work personnel or supervising social worker qualifications from the foster family agency.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For purposes
of this section, “social work personnel” means supervising social workers and nonsupervisory social workers.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5274AC81-F94E-4A7D-AC8D-CEDB04E7BA00">
<ns0:Num>SEC. 18.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1506.1.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1506.1 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_21E2305F-3A63-4762-B958-F3E8DD383E9E">
<ns0:Num>1506.1.</ns0:Num>
<ns0:LawSectionVersion id="id_9F24C2B5-ED55-48A7-ABE5-07A952CE6F65">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A foster family agency shall prepare and maintain a current, written plan of operation as required by the department.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A foster family agency shall have national accreditation from an entity identified by the department pursuant to the process described in paragraph (8) of subdivision (b) of Section 11463 of the Welfare and Institutions Code.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The foster family agency shall have up to 24 months from the date of licensure to obtain accreditation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The foster family agency applicant shall submit documentation of accreditation or application for accreditation with its application for licensure.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The foster family agency shall provide documentation to the department reporting its accreditation status at 12 months and at 18 months after the date of licensure.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision does not preclude the department from
requesting additional information from the foster family agency regarding its accreditation status.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department may revoke a foster family agency’s license pursuant to Article 5 (commencing with Section 1550) for failure to obtain accreditation within the timeframes specified in this subdivision.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The department may extend
the date by which to comply with paragraph (2), as applicable, for up to one year upon the request of a foster family agency that has been vendored as a service provider by a regional center for persons with developmental disabilities. In determining whether to extend the date, the department shall consult with any county placement agency that places children with the foster family agency, the vendorizing regional center, and the State Department of Developmental Services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
On and after January 1, 2017, a foster family agency’s plan of operation shall include a program statement. The program statement shall contain a description of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The core services and supports, as set forth in paragraph (5) of subdivision (b) of Section 11463 of the Welfare and Institutions Code, and as prescribed by the department, to be offered to children and their families, as
appropriate or as necessary.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The treatment practices that will be used in serving children and families.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The procedures for the development, implementation, and periodic updating of the needs and services plan for children placed with the foster family agency or served by the foster family agency, consistent with the case plans as developed by the county placing agency, that support the reasonable and prudent parent standard, as defined in Section 362.05 of the Welfare and Institutions Code, and procedures for collaborating with the child and family team, as described in paragraph (4) of subdivision (a) of Section 16501 of the Welfare and Institutions Code, which includes, but is not limited to, a description of the services to be provided to meet the treatment needs of children assessed.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
How
the foster family agency will comply with the resource family approval standards and requirements, as set forth in Section 1517.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The population or populations to be served.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The ability to support the differing needs of children and their families.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The plan for the supervision, evaluation, and training of staff. The training plan shall be appropriate
to meet the needs of children, and it shall be consistent with the training provided to resource families as set forth in Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The ability to provide or arrange for treatment services to meet the individual needs of children as specified in Section 11402 of the Welfare and Institutions Code.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The plan for the training, supervision, and support of resource families to meet the appropriate needs of children, consistent with the training requirements set forth in Section 16519.5 of the Welfare and Institutions Code. To the extent possible, the foster family agency training plan for resource families shall be consistent with the training requirements set forth by the county child welfare
placing agency.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The agency or agencies that the foster family agency has partnered with, either formally or informally, to provide additional supports and services to families and children during care and postpermanency.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The plan for participation in child and family teams and supporting the participation of the agency’s resource families in those teams, as appropriate.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
If the foster family agency plans to operate as an intensive services foster care program, a description of the program model and how the foster family agency will comply with the requirements set forth in Chapter 6.3 (commencing with Section 18360) of Part 6 of Division 9 of the Welfare and Institutions Code.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Any other information that may be prescribed by the
department for the proper administration of this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
In addition to the rules and regulations adopted pursuant to this chapter, a county licensed to operate a foster family agency shall describe, in the plan of operation, its conflict-of-interest mitigation plan, on and after January 1, 2017, as set forth in subdivision (g) of Section 11462.02 of the Welfare and Institutions Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A foster family agency applicant shall submit an application to the department that includes a letter of recommendation in support of its program from a county placing agency.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The letter of recommendation shall include a statement that the county placing agency reviewed the applicant’s program statement.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the letter of recommendation is not from the county in which the facility is located, the foster family agency applicant shall include with its application a statement that it provided the county in which the facility is located an opportunity for that county to review the program statement and notified that county that the facility has received a letter of recommendation from another county.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the application does not contain a letter of recommendation as described in subparagraph (A), then the department shall cease review of the application. This paragraph does not constitute a denial of the application for purposes of Section 1526 or any other law.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A new letter of recommendation is not required when a foster family agency moves locations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A foster family agency shall submit a copy of its program statement to all county placing agencies with which placements are coordinated or for which services are provided, including the county in which the facility is located, for optional review when the foster family agency updates its program statement.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department shall have the authority to inspect a foster family agency pursuant to the system of governmental monitoring and oversight developed by the department on and after January 1, 2017, pursuant to subdivision (d) of Section 11463 of the Welfare and Institutions Code.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_9EA4D013-AFBD-4C87-9C22-C625CFFCF5D8">
<ns0:Num>SEC. 19.</ns0:Num>
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Section 1506.5 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_097CB2CC-FCEA-4944-85A7-4ED6EDF6AD15">
<ns0:Num>1506.5.</ns0:Num>
<ns0:LawSectionVersion id="id_3F54C605-F847-4327-BDD9-D5F95C6A0D82">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Foster family agencies shall not use foster family homes licensed by a county, or kinship families or resource families approved by a county, without the approval of the licensing or approving county. When approval is granted, a written agreement between the foster family agency and the county shall specify the nature of administrative control and case management responsibility and the nature and number of the children to be served in
the home.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Before a foster family agency may use a licensed foster family home it shall review and, with the exception of a new fingerprint clearance, qualify the home in accordance with Section 1506.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
When approval is granted pursuant to subdivision (a), and for the duration of the agreement permitting the foster family agency use of the licensed foster family home or county-approved kinship family or resource family, no child shall be placed in that home except through the foster family agency.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Nothing in this section shall transfer or eliminate the responsibility of the placing agency for the care, custody, or control of the child. Nothing in this section shall relieve a foster family agency of its
responsibilities for or on behalf of a child placed with it.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review process, that the applicant previously was issued a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30) and the prior license was revoked within the preceding two years, the foster family agency shall cease any further review of the application until two years have elapsed from the date of the revocation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If an application to a foster family agency
for a certificate of approval indicates, or the department determines during the application review process, that the applicant previously was issued a certificate of approval by a foster family agency that was revoked by the department pursuant to subdivision (b) of Section 1534 within the preceding two years, the foster family agency shall cease any further review of the application until two years have elapsed from the date of the revocation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review process, that the applicant was excluded from a facility licensed by the department or from a certified family home pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, the foster family agency shall cease any further review of the application unless the excluded person has been reinstated pursuant to Section 11522 of the Government Code by the
department.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The cessation of review shall not constitute a denial of the application for purposes of subdivision (b) of Section 1534 or any other law.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review process, that the applicant had previously applied for a license under any of the chapters listed in paragraph (1) of subdivision (e) and the application was denied within the last year, the foster family agency shall cease further review of the application as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
When the applicant petitioned for a hearing, the foster family agency shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a
denial.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
When the department informed the applicant of the applicant’s right to petition for a hearing and the applicant did not petition for a hearing, the foster family agency shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The foster family agency may continue to review the application if the department has determined that the reasons for the denial of the application were due to circumstances and a condition that either have been corrected or are no longer in existence.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The cessation of
review shall not constitute a denial of the application for purposes of subdivision (b) of Section 1534 or any other law.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If an application to a foster family agency for a certificate of approval indicates, or the department determines during the application review process, that the applicant had previously applied for a certificate of approval with a foster family agency and the department ordered the foster family agency to deny the application pursuant to subdivision (b) of Section 1534, the foster family agency shall cease further review of the application as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
In cases where the applicant petitioned for a hearing, the foster family agency shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a denial.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In cases where the department informed the applicant of the applicant’s right to petition for a hearing and the applicant did not petition for a hearing, the foster family agency shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The foster family agency may continue to review the application if the department has determined that the reasons for the denial of the application were due to circumstances and conditions that either have been corrected or are no longer in existence.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The cessation of review
shall not constitute a denial of the application for purposes of subdivision (b) of Section 1534 or any other law.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_84017B01-140C-4A03-8D6F-48D6D175A0BC">
<ns0:Num>SEC. 20.</ns0:Num>
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Section 1506.6 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_F7A76573-86E7-488B-B312-B607B25CDBD0">
<ns0:Num>SEC. 21.</ns0:Num>
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Section 1506.7 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_34AA929B-ACE1-4603-934B-E58BE483F2E0">
<ns0:Num>SEC. 22.</ns0:Num>
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Section 1506.8 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_29D580D8-DA2A-4FAE-B318-249C91AEF53A">
<ns0:Num>SEC. 23.</ns0:Num>
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Section 1506.9 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_4E3251DD-A9EF-4C6E-82FC-AD921056E079">
<ns0:Num>1506.9.</ns0:Num>
<ns0:LawSectionVersion id="id_736ADE97-CB46-42B9-A3F2-A61682D31D45">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
No person shall incur civil liability as a result of providing the department with any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The foster family agency providing to the department a log of family homes certified and decertified.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The foster family agency notifying the department of its determination to decertify a certified family home due to any of the following actions by the certified family parent:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Violating licensing rules and regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Aiding, abetting, or permitting the violation of licensing rules and regulations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Conducting oneself in a way that is inimical to the health, morals, welfare, or safety of a child placed in that certified family home.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Being convicted of a crime while a certified family parent.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Knowingly allowing any child to have illegal drugs or alcohol.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Committing an act of child abuse or neglect or an act of violence against another person.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Neither the department, a foster family agency, or a county shall incur civil liability for providing a county or a foster family agency with information if the communication is for the purpose of
approval of a county-approved kinship family or resource family.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_860E65CF-3A15-45DD-837D-892CA0E621DA">
<ns0:Num>SEC. 24.</ns0:Num>
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Section 1507.25 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_73D622A5-5CF6-40D9-9E8B-169D099506DF">
<ns0:Num>1507.25.</ns0:Num>
<ns0:LawSectionVersion id="id_540794B3-87AD-4BE4-9E16-47951BE380E6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within the professional’s scope of practice, may administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The following individuals shall be authorized to administer emergency medical assistance and injections in accordance with this subdivision:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A relative caregiver.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A nonrelative extended family
member.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A foster family home parent.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A member of a kinship family, as defined in subdivision (a) of Section 16519.4 of the Welfare and Institutions Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A small family home parent.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A designated substitute caregiver of a foster family home,
county-approved kinship family, or resource family.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
A staff member of a small family home or a group home who provides direct care and supervision to children and youth residing in the small family home or group home.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A staff member of a short-term residential therapeutic program, including a children’s crisis residential program, who provides direct care and supervision to children and youth residing in the facility.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
A staff member of a transitional shelter care facility or a temporary shelter care facility who provides direct care and supervision to children and youth residing in the facility.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The licensed health care professional shall periodically review, correct, or update training provided
pursuant to this section as the professional deems necessary and appropriate.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, a person described in paragraph (2), who is not a licensed health care professional, but who is trained to administer injections by a licensed health care professional practicing within the professional’s scope of practice, may administer subcutaneous injections of other medications, including insulin, as prescribed by the child’s physician, to a foster child in placement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The following individuals shall be authorized to give prescribed injections, including insulin, in accordance with this subdivision:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A relative caregiver.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A nonrelative extended family member.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A foster family home parent.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A member of a resource family, as defined in subdivision (c) of Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A member of a kinship family, as defined in subdivision (a) of Section 16519.4 of the Welfare and Institutions Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A small family home parent.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
In the absence of a foster parent, a designated substitute caregiver in a foster family home,
county-approved kinship family, or resource family.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
A staff member of a group home who provides direct care and supervision to children and youth residing in the group home.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A direct care staff member of a short-term residential therapeutic program, including a children’s crisis residential program, who provides direct care and supervision to children and youth residing in the facility.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The licensed health care professional shall periodically review, correct, or update training provided pursuant to this section as the professional deems necessary and appropriate.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, administration of an insulin injection shall include all necessary supportive activities related to the
preparation and administration of the injection, including glucose testing and monitoring.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding Part 5.5 (commencing with Section 17700) of Division 9 of, and particularly subdivision (g) of Section 17710 of, the Welfare and Institutions Code, a child’s need to receive injections pursuant to this section shall not be the sole basis for determining that the child has a medical condition requiring specialized in-home health care.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section does not supersede the requirements of Section 369.5 of the Welfare and Institutions Code, with respect to the administration of psychotropic medication to a dependent child of the court.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9051CC8A-43A1-4498-B307-64F5C72A4964">
<ns0:Num>SEC. 25.</ns0:Num>
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Section 1517 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_77BB547E-3B6D-49F1-94DD-7FE002DD6F9D">
<ns0:Num>1517.</ns0:Num>
<ns0:LawSectionVersion id="id_3CD1FC31-C9E6-4854-93A6-13F644C27C2A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Pursuant to subdivision (a) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, and approving guardians and adoptive families.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this chapter, a “resource family” means an individual or family that has successfully met both the home environment assessment and the permanency
assessment criteria, as set forth in Section 16519.5 of the Welfare and Institutions Code, necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
There is no fundamental right to approval as a resource family.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A resource family shall be considered eligible to provide foster care for children in out-of-home placement and shall be considered approved for adoption and guardianship.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), a foster family agency may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In the case of an Indian child for whom the child’s tribe is not exercising its right to approve a home, the foster family agency shall apply the prevailing social and cultural standards of the Indian community to resource family approval for that child, as required by subdivision (f) of Section 361.31 of the Welfare and Institutions Code and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). The department shall engage in the tribal consultation process and develop regulations to implement this clause. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may provide guidance to foster family agencies regarding consistent implementation of this clause through the issuance of written directives that shall have the same force and effect as regulations, until regulations are
adopted.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of this chapter, “resource family approval” means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards adopted pursuant to subdivision (d) of Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family. Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding
paragraphs (1) to (6), inclusive, a foster family agency shall cease any further review of an application if the applicant has had a previous application denial within the preceding year by the department or county, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or county within the preceding two years.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If an individual was excluded from a resource family home or facility licensed by the department, a foster family agency shall cease review of the individual’s application unless the excluded individual has been reinstated pursuant to subdivision (g) of Section 16519.6 of the Welfare and Institutions Code or Section 1569.53, subdivision (h) of Section 1558, subdivision (h) of Section 1569.58, or subdivision (h) of Section 1596.8897 of this code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The cessation of review shall not constitute a
denial of the application for purposes of this section, or Section 16519.4 or 16519.5 of the Welfare and Institutions Code, or any other law.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For purposes of this section, the date of a previous denial, rescission, revocation, exemption denial or exemption rescission, or exclusion shall be either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The effective date of a final decision or order upholding a notice of action or exclusion order.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The date on the notice of the decision to deny, rescind, revoke, or exclude if the notice was not appealed or otherwise constitutes a final decision.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A resource family shall meet the approval standards set forth in Section 16519.5 and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6 of Division 9 of the Welfare and Institutions Code, comply with the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code, and comply with other applicable federal and state laws in order to maintain approval.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
A resource family may be approved by a county child welfare department or probation department pursuant to Section 16519.5 of the Welfare and Institutions Code or by a foster family agency pursuant to this section.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A resource family shall not be licensed to operate a residential facility, as defined in Section 1502, a residential care facility for the elderly, as defined in Section 1569.2,
a residential care facility for persons with chronic life-threatening illnesses, as defined in Section 1568.01, or a medical foster home for veterans, as defined in Section 1568.21, on the same premises used as the residence of the resource family. A resource family shall not be concurrently approved as a kinship family, as defined in Section 16519.4 of the Welfare and Institutions Code.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
An applicant who withdraws an application prior to its approval or denial may resubmit the application within 12 months of the withdrawal.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This section does not preclude a foster family agency from requiring an applicant to complete an
application activity, including if that activity was previously completed.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A foster family agency that approves resource families shall comply with this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding any other law, a foster family agency shall require its applicants and resource families to meet the resource family approval standards set forth in Section 16519.5 and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6 of Division 9 of the Welfare and Institutions Code, the written directives or regulations adopted thereto, and other applicable laws prior to approval and in order to maintain approval.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A foster family agency shall be responsible for all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Complying with the applicable provisions of this
chapter, the regulations for foster family agencies, the resource family approval standards and requirements set forth in Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6 of Division 9 of the Welfare and Institutions Code, and the applicable written directives or regulations adopted thereto by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Ensuring relatives, nonrelative extended family members, and extended family members of an Indian child are provided information regarding approval processes and the option to choose between the kinship family approval process, as defined in Section 16519.4 of the Welfare and Institutions Code, the resource family approval process, or, in the case of an Indian child, seeking approval as a tribally approved home, as described in subdivision (r) of
Section 224.1 of the Welfare and Institutions Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Implementing the requirements for the resource family approval and utilizing standardized documentation established by the department.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Ensuring staff have the education, experience, and core competencies necessary to participate in the assessment
and evaluation of an applicant or resource family.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Taking the following actions, as applicable:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Approving or denying resource family applications, including preparing a written report that evaluates the applicant’s capacity to foster, adopt, or provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The applicant’s preference to provide a specific level of permanency, including adoption, guardianship, or, in the case
of a relative, placement with a fit and willing relative, shall not be a basis to deny an application.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Rescinding approvals of resource families.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Providing to the department a log of resource families that were approved or had approval rescinded during the month by the 10th day of the following month.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Updating resource family approval biennially and as necessary to address any changes that have occurred in the resource family’s circumstances, including, but not limited to, moving to a new home location or commencing operation of a family day care home, as defined in Section 1596.78.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A foster family agency shall conduct an announced inspection of a resource family home during the biennial update, and as necessary to address any changes specified in clause (i), to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Monitoring resource families through all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Ensuring that social workers who identify a condition in the home that may not meet the resource family approval standards while in the course of a routine visit to children subsequently placed with a resource family take appropriate action as needed.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Requiring resource families to meet the approval standards set forth in Section 16519.5 and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6 of Division 9 of the Welfare and Institutions Code and to comply with the written directives or regulations adopted thereto, other applicable laws, and corrective action plans as necessary to correct identified deficiencies. If corrective action is not completed as specified in the plan, the foster family agency or the department may rescind the approval of the resource family or take other
administrative action in accordance with applicable law or the written directives or regulations adopted pursuant to Section 16519.5 and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6 of Division 9 of the Welfare and Institutions Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Requiring resource families to report to the foster family agency any incidents, as specified in the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Inspecting resource family homes as often as necessary to ensure the quality of care provided.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Performing corrective action as required by the department.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Submitting information and data that the department determines is necessary to study, monitor, and prepare the report specified in paragraph (6) of subdivision (f) of Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Ensuring applicants and resource families meet the training requirements, and, if applicable, the specialized training requirements set forth in Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
This section does not preclude a foster family agency from requiring training in excess of the requirements in this section.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
Ensuring applicants and resource families have the necessary knowledge, skills, and abilities to support children of all races, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV statuses in foster care by completing resource family-specific training. The training shall include a curriculum that supports the role of a resource family in
parenting vulnerable children and shall be ongoing in order to provide resource families with information on trauma-informed care, practices, and requirements, and other topics relevant to the foster care system.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A foster family agency may cooperatively match a child who is under the care, custody, and control of a county with a resource family for initial placement.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In addition to subdivision (f) of Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services shall be responsible for all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Requiring foster family agencies to monitor resource families, including, but not limited to, inspecting resource family homes, developing and monitoring resource family corrective action plans to correct identified deficiencies, and rescinding
resource family approval if compliance with a corrective action plan is not achieved.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Investigating all complaints regarding a resource family approved by a foster family agency and taking any action it deems necessary. This shall include investigating any incidents reported about a resource family indicating that the approval standard is not being maintained. Complaint investigations shall be conducted in accordance with the written directives or regulations adopted pursuant to Section 16519.5 of the Welfare and Institutions Code. A foster family agency shall not conduct an internal investigation regarding an incident report or complaint against a resource family that interferes with an investigation being conducted by the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Rescinding approvals of a resource family approved by a foster family agency.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Excluding a resource family parent or applicant or other individual from presence in any resource family home or licensed community care facility consistent with the established standard, from being a member of the board of directors, an executive director, or an officer of a licensed community care facility, or prohibiting a licensed community care facility from employing the resource family parent or other individual, if appropriate.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Issuing a temporary suspension order that suspends the resource family approval prior to a hearing, when urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Providing a resource family parent, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission with due process pursuant to
this chapter and subdivisions (g) to (n), inclusive, of Section 16519.6 of the Welfare and Institutions Code if the department has ordered a foster family agency to deny a resource family application or rescind the approval of a resource family, has excluded an individual, has denied or rescinded a criminal record exemption, or has taken other administrative action.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department may enter and inspect the home of a resource family approved by a foster family agency to secure compliance with the resource family approval standards, investigate a complaint or incident, or ensure the quality of care provided.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon a finding of noncompliance, the department may require a foster family agency to deny a resource family application, rescind the approval of a resource family, or take other action the department may deem necessary for the protection of a
child placed with the resource family.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the department requires a foster family agency to deny an application, rescind the approval of a resource family, or take another action, the department shall serve an order of denial or rescission, or another order, that notifies the resource family or applicant and foster family agency of the basis of the department’s action and of the resource family’s or applicant’s right to a hearing.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Except as otherwise specified in this section, a hearing conducted pursuant to this section shall be conducted in accordance with Section 1551.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding the time for hearings set forth in this chapter, a hearing conducted pursuant to this section shall be held within the timelines specified in subdivisions (f) to (h), inclusive, of Section
16519.6 of the Welfare and Institutions Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Consistent with subdivision (h) of Section 16519.6 of the Welfare and Institutions Code and notwithstanding Section 1550.5, proceedings regarding the temporary suspension of a resource family approval shall not include an interim hearing.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The department’s order of the application denial, rescission of the approval, or another action shall remain in effect until the hearing is completed and the department has made a final determination on the merits.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A foster family agency’s failure to comply with the department’s order to deny an application or rescind the approval of a resource family, or another order, by placing or retaining a child in care shall be grounds for disciplining the foster family agency pursuant to Section 1550.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section and Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code do not limit the authority of the department to inspect, evaluate, investigate a complaint or incident, or initiate a disciplinary action against a foster family agency pursuant to this chapter, nor do these provisions limit the department’s authority to take any action it may deem necessary for the health and safety of children placed with the foster family agency.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A foster family agency may obtain any arrest or conviction records or reports from any law enforcement agency as necessary to the performance of its duties, as provided in this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A foster family agency may review and discuss with an applicant the data contained in the statewide child welfare database, and provided to the foster family agency by a county, that is pertinent to conducting a family evaluation, as specified in the written directives or regulations adopted pursuant to Section
16519.5 of the Welfare and Institutions Code.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_E4C008B7-FE29-4D9D-A84C-E5CA5D194640">
<ns0:Num>SEC. 26.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1517.1.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1517.1 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_23F5ED02-9FCD-48B0-8B2A-12FC1240A5F4">
<ns0:Num>SEC. 27.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1517.2.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1517.2 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7A329DE3-5E6A-4676-AF86-ED1E8BC6F382">
<ns0:Num>1517.2.</ns0:Num>
<ns0:LawSectionVersion id="id_0EC9197D-3C07-43E9-A09F-799A8A91CE87">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The application form signed by a resource family applicant of a foster family agency shall be signed with a declaration by the applicant that the information submitted is true, correct, and contains no material omissions of fact to the best knowledge and belief of the applicant. Any person who willfully and knowingly, with the intent to deceive, makes a false statement or fails to disclose a material fact in their application is guilty of a misdemeanor.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Before approving a resource family, a foster family agency shall conduct a reference check of the applicant to determine whether it is safe and appropriate for the foster family agency to approve the applicant to be a resource family by contacting all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Any foster family agencies that have certified
or approved the applicant.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any state or county licensing offices that have licensed the applicant as a foster family home.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any counties that have approved the applicant as a relative or nonrelative extended family member or kinship family, as defined in Section 16519.4 of the Welfare and Institutions Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Any foster family agencies or counties that have approved the applicant as a resource family.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Any state licensing offices that have licensed the applicant as a community care facility, child daycare
center, or family childcare home.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Any Indian tribe or tribal agency that has approved or licensed an applicant in any of the categories described in subparagraphs (A) to (E), inclusive.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c), within 20 business days of being contacted by a foster family agency, a foster family agency that has previously certified the applicant or approved the applicant as a resource family shall divulge information as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code and unless otherwise prohibited by law, regarding the applicant to the requesting foster family agency conducting a reference check.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department, a county, a foster family agency, an Indian tribe, or a tribal agency may request information
from, or divulge information to, the department, a county, a foster family agency, an Indian tribe, or a tribal agency regarding a prospective kinship family or
resource family for the purpose of conducting, and as necessary to conduct, a reference check to determine whether it is safe and appropriate to approve an applicant to be a kinship family or resource family.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, the term Indian tribe means Indian tribe as defined in subdivision (a) of Section 224.1 of the Welfare and Institutions Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_16085E28-B784-44AB-95E8-53D9B0CA731F">
<ns0:Num>SEC. 28.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1517.3.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1517.3 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_DAC3E444-AA89-46B9-82EE-853964272D1D">
<ns0:Num>1517.3.</ns0:Num>
<ns0:LawSectionVersion id="id_5BF92A48-2DDB-49A6-9811-CB163B602BE9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person shall not incur civil liability as a result of providing the department with either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A foster family agency’s log of resource families that have been approved or have had approval rescinded.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notification of a foster family agency’s determination to rescind the approval of a resource family due to any of the following actions by a resource family parent:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Violation of Section 16519.4 or 16519.5 of the Welfare and
Institutions Code, as applicable, the written directives or regulations adopted pursuant to
Section 16519.4 or 16519.5 of the Welfare and Institutions Code, as applicable, or any other applicable law.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Aiding, abetting, or permitting the violation of Section 16519.4 or 16519.5 of the Welfare and Institutions Code, as applicable, the written directives or regulations adopted pursuant to Section 16519.4 or 16519.5 of
the Welfare and Institutions Code, as applicable, or any other applicable law.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Conduct that poses a risk or threat to the health and safety, protection, or well-being of a child, or the people of the State of California.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Conviction at any time before or during the approval of a crime described in Section 1522.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Knowingly allowing a child to have illegal drugs, alcohol, or any tobacco product, as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Committing an act of child abuse or
neglect or an act of violence against another person.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department, a county, or a foster family agency shall not incur civil liability for providing each other with information if the communication is for the purpose of aiding in the evaluation of an application for approval of a resource family by a foster family
agency or the evaluation of an application for approval of a kinship family by a county.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_695EC8EC-A063-4E94-8316-13307B81FB57">
<ns0:Num>SEC. 29.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1520.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1520 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B6AD3EE6-F405-404F-A167-E0C33A7E6522">
<ns0:Num>1520.</ns0:Num>
<ns0:LawSectionVersion id="id_C7FB0BC5-FDEB-45E2-89D5-F438B1B30C5D">
<ns0:Content>
<html:p>Any person desiring issuance of a license for a community care facility or a special permit for specialized services under this chapter shall file with the department, pursuant to regulations, an application on forms furnished by the department, which shall include, but not be limited to:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Evidence satisfactory to the department of the ability of the applicant to comply with this chapter and of rules and regulations promulgated under this chapter by the department.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Evidence satisfactory to the department that the applicant is of reputable and responsible character. The evidence shall include, but not be limited to, a criminal record clearance pursuant to Section 1522, employment history, and character references. If
the applicant is a firm, association, organization, partnership, business trust, corporation, or company, like evidence shall be submitted as to the members or shareholders thereof, and the person in charge of the community care facility for which application for issuance of license or special permit is made.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Evidence satisfactory to the department that the applicant has sufficient financial resources to maintain the standards of service required by regulations adopted pursuant to this chapter.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Disclosure of the applicant’s prior or present service as an administrator, general partner, corporate officer, or director of, or as a person who has held or holds a beneficial ownership of 10 percent or more in, any community care facility or in any facility licensed pursuant to Chapter 1 (commencing with Section 1200) or Chapter 2 (commencing with Section 1250).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Disclosure of any revocation or other disciplinary action taken, or in the process of being taken, against a license held or previously held by the entities specified in subdivision (d).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Disclosure of any revocation, rescission, or other disciplinary action taken, or in the process of being taken, against a certificate of approval held by the applicant pursuant to this chapter or Article 2 (commencing with Section 16519.3) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A signed statement that the person desiring issuance of a license or special permit has read and understood the
community care facility licensure statute and regulations that pertain to the applicant’s category of licensure.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Any other information that may be required by the department for the proper administration and enforcement of this chapter.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
In implementing this section, the department shall give due consideration to the functions of each separate licensing category.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Failure of the applicant to cooperate with the licensing agency in the completion of the application shall result in the denial of the application. Failure to cooperate means that the information described in this section and in regulations of the department has not been provided, or not provided in the form requested by the licensing agency, or both.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_C5F50DC3-CC52-4E12-A09C-DF1C0F32E061">
<ns0:Num>SEC. 30.</ns0:Num>
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Section 1520.3 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A94FF6DF-507A-4C1F-83D6-8819A454C51E">
<ns0:Num>1520.3.</ns0:Num>
<ns0:LawSectionVersion id="id_C8E7409B-9964-4CC9-8D85-888E9F172EF2">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant previously was issued a license under this chapter or under Chapter 1 (commencing with Section 1200), Chapter 2 (commencing with Section 1250), Chapter 3.01 (commencing with Section 1568.01), Chapter 3.2 (commencing with Section 1569), Chapter 3.3 (commencing with Section 1570), Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5 (commencing with Section 1596.90), or Chapter 3.6 (commencing with Section 1597.30), or that the applicant previously was approved as a kinship family or resource family under Article 2 (commencing with Section
16519.3) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code, and the prior license was revoked or prior approval was rescinded within the preceding two years, the department shall cease any further review of the application until two years shall have elapsed from the date of the revocation or rescission. The cessation of review shall not constitute a denial of the application for purposes of Section 1526 or any other provision of law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant previously was issued a certificate of approval by a foster family agency that was revoked or rescinded by the department pursuant to subdivision (c) of Section 1517 or subdivision (b) of Section 1534 within the preceding two years, the department shall cease any further review of the application until
two years shall have elapsed from the date of the revocation or rescission.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant was excluded from a facility licensed by the department, a resource family home of a foster family agency pursuant to Section 1558, 1568.092, 1569.58, or 1596.8897, or a resource family home of a county pursuant to Section 16519.6 of the Welfare and Institutions Code, the department shall cease any further review of the application unless the excluded individual has been reinstated by the department pursuant to Section 11522 of the Government Code or Section 16519.6 of the Welfare and Institutions Code, as applicable.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If an application for a
license or special permit indicates, or the department determines during the application review process, that the applicant had previously applied for a license under any of the chapters listed in paragraph (1) of subdivision (a) or for kinship family or resource family approval pursuant to Article 2 (commencing with Section 16519.3) of Chapter 5 of Part 4 of Division 9 of the Welfare and Institutions Code and the application was denied within the last year, the department shall cease further review of the
application as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
In cases in which the applicant petitioned for a hearing, the department shall cease further review of the application until one year has elapsed from the effective date of the decision and order of the department upholding a denial.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In cases in which the department or county informed the applicant of the applicant’s right to petition for a hearing and the applicant did not petition for a hearing, the department shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The
department may continue to review the application if it has determined that the reasons for the denial of the application were due to circumstances and conditions which either have been corrected or are no longer in existence.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If an application for a license or special permit indicates, or the department determines during the application review process, that the applicant had previously applied for a certificate of approval with a foster family agency and the department ordered the foster family agency to deny the application pursuant to subdivision (c) of Section 1517 or subdivision (b) of Section 1534, the department shall cease further review of the application as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
In cases in which the applicant petitioned for a hearing, the department shall cease further review of the application until one year has elapsed from the effective date of the decision and order of
the department upholding a denial.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In cases in which the department informed the applicant of the applicant’s right to petition for a hearing and the applicant did not petition for a hearing, the department shall cease further review of the application until one year has elapsed from the date of the notification of the denial and the right to petition for a hearing.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department may continue to review the application if it has determined that the reasons for the denial of the application were due to circumstances and conditions that either have been corrected or are no longer in existence.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The cessation
of review shall not constitute a denial of the application for purposes of Section 1526 or any other law.
</html:p>
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</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C623DE8B-9C4D-4BD0-BBB5-A2DD0A267B8A">
<ns0:Num>SEC. 31.</ns0:Num>
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Section 1522 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_10C28A84-EA99-4417-959C-FE87DC288AFE">
<ns0:Num>1522.</ns0:Num>
<ns0:LawSectionVersion id="id_3260E25E-2EF5-434D-91E9-859A305897ED">
<ns0:Content>
<html:p>The Legislature recognizes the need to generate timely and accurate positive fingerprint identification of applicants as a condition of issuing licenses, permits, or certificates of approval for persons to operate or provide direct care services in a community care facility, foster family home, kinship family or resource family home, or a tribally approved home. Therefore, the Legislature supports the use of the fingerprint live-scan technology, as identified in the long-range plan of the Department of Justice for fully automating the processing of fingerprints and other data by the year
1999, otherwise known as the California Crime Information Intelligence System (CAL-CII), to be used for applicant fingerprints. It is the intent of the Legislature in enacting this section to require the fingerprints of those individuals whose contact with community care clients may pose a risk to the clients’ health and safety. An individual shall be required to obtain either a criminal record clearance or a criminal record exemption from the State Department of Social Services before their initial presence in a community care facility or approved home.</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Before and, as applicable, subsequent to issuing a license or special permit to a person to operate or manage a community care facility, the State
Department of Social Services shall secure from an appropriate law enforcement agency a criminal record to determine whether the applicant or any other person specified in subdivision (b) has been convicted of a crime other than an infraction or arrested for a crime specified in Section 290 of the Penal Code, or for violating Section 245, 273ab, or 273.5 of the Penal Code, subdivision (b) of Section 273a of the Penal Code, or, prior to January 1, 1994, paragraph (2) of Section 273a of the Penal Code, or for a crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (g).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The criminal history information shall include the full criminal record, if any, of those persons, and subsequent arrest information pursuant to Section 11105.2 of the Penal Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The following shall apply to the criminal record information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the State Department of Social Services finds that the applicant, or any other person specified in subdivision (b), has been convicted of a crime other than an infraction, the application shall be denied, unless the department grants an exemption pursuant to subdivision (g) of this section or Section 1522.7.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the State Department of Social Services finds that the applicant, or any other person specified in subdivision (b), is awaiting trial for a crime other than an infraction the State Department of Social Services may cease processing the criminal record information until the conclusion of the trial.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If no criminal record information has been recorded, the Department of Justice shall provide the applicant and the State Department of Social Services with a statement of that fact.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the State Department of Social Services finds, after licensure, that the licensee, or any other person specified in paragraph (1) of subdivision (b), has been convicted of a crime other than an infraction, the license may be revoked, unless the department grants an exemption pursuant to subdivision (g).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
An applicant and any other person specified in subdivision (b) shall submit fingerprint images and related information to the Department of Justice for the purpose of searching the criminal records of the Federal Bureau of Investigation, in addition to the criminal records search required by this subdivision. If, after licensure, or the issuance of a certificate of approval by a foster family agency, the department determines that the licensee or any other person
specified in subdivision (b) has a criminal record, the department may revoke the license, or require a foster family agency to revoke the certificate of approval, pursuant to Section 1550. The department may also suspend the license or require a foster family agency to suspend the certificate of approval pending an administrative hearing pursuant to Section 1550.5.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The State Department of Social Services shall develop procedures to provide the individual’s state and federal criminal history information with the written notification of the individual’s exemption denial or revocation based on the criminal record. Receipt of the criminal history information shall be optional on the part of the individual, as set forth in the agency’s procedures. The procedure shall protect the confidentiality and privacy of the individual’s record, and the criminal history information shall not be made available to the employer.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Notwithstanding any other law, the department may provide an individual with a copy of the individual’s state or federal level criminal offender record information search response as provided to that department by the Department of Justice if the department has denied a criminal background clearance based on this information and the individual makes a written request to the department for a copy specifying an address to which it is to be sent. The state or federal level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the individual in the individual’s written request. The department shall retain a copy of the individual’s written request and the response and date provided.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to the
applicant, this section is applicable to criminal record clearances and exemptions for the following persons:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Adults responsible for administration or direct supervision of staff.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any adult, other than a client, residing in the facility,
kinship family home, resource family home, or tribally approved home.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any person who provides client assistance in dressing, grooming, bathing, or personal hygiene. Any nurse assistant or home health aide meeting the requirements of Section 1338.5 or 1736.6, respectively, who is not employed, retained, or contracted by the licensee, and who has been certified or recertified on or after July 1, 1998, shall be deemed to meet the criminal record clearance requirements of this section. A certified nurse assistant and certified home health aide who will be providing client assistance and who falls under this exemption shall provide one copy of their current certification, prior to providing care, to the community care facility. The facility shall maintain the copy of the certification on file as long as care is being provided by the certified nurse assistant or certified home health aide at the facility or
in a certified family
home, a kinship family home, or resource family home of a foster family agency. This paragraph does not restrict the right of the department to exclude a certified nurse assistant or certified home health aide from a licensed community care facility or certified family home, a kinship family home, or resource family home of a foster family agency pursuant to Section 1558.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Any staff person, volunteer, or employee who has contact with the clients.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Any adult who works in a community care facility that is eligible to accept placement of a dependent child.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
If the applicant is a
firm, partnership, association, or corporation, the chief executive officer or other person serving in like capacity.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Additional officers of the governing body of the applicant, or other persons with a financial interest in the applicant, as determined necessary by the department by regulation. The criteria used in the development of these regulations shall be based on the person’s capability to exercise substantial influence over the operation of the facility.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The following persons are exempt from the requirements applicable under paragraph (1):
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A medical professional, as defined in department regulations, who holds a valid license or certification from the person’s governing California medical care regulatory entity and who is not employed, retained, or contracted by the licensee if all of the following
apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The criminal record of the person has been cleared as a condition of licensure or certification by the person’s governing California medical care regulatory entity.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person is providing time-limited specialized clinical care or services.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The person is providing care or services within the person’s scope of practice.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The person is not a community care facility licensee or an employee of the facility.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A third-party repair person or similar retained contractor if all of the following apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The person is hired for a defined, time-limited job.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The person is not left alone with clients.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
When clients are present in the room in which the repair person or contractor is working, a staff person who has a criminal record clearance or exemption is also present.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Employees of a licensed home health agency and other members of licensed hospice interdisciplinary teams who have a contract with a client or resident of the facility,
kinship family home, or resource family home and are in the facility, kinship family home, or resource family home at the request of that client or resident’s legal decisionmaker. The exemption does not apply to a person who is a community care facility licensee or an employee of the facility.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Clergy and other spiritual caregivers who are performing services in common areas of the community care facility, certified family home, resource family home, or tribally approved home or who are advising an individual client at the request of, or with the permission of, the client or legal decisionmaker, are exempt from fingerprint and criminal background check requirements imposed by community care licensing.
This exemption does not apply to a person who is a community care licensee or employee of the facility.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Members of fraternal, service, or similar organizations who conduct group activities for clients if all of the following apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Members are not left alone with clients.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Members do not transport clients off the facility, kinship family home, or resource family home premises.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The same organization does not conduct group activities for clients more often than defined by the department’s regulations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In addition to the exemptions in paragraph (2), the following persons in foster family homes, kinship family homes,
resource family homes, tribally approved homes, and small family homes are exempt from the requirements applicable under paragraph (1):
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Adult friends and family of the foster parent, who come into the home to visit for a length of time no longer than defined by the department in regulations, provided that the adult friends and family of the foster parent are not left alone with the foster children. However, the foster parent, acting as a reasonable and prudent parent, as defined in paragraph (2) of subdivision (a) of Section 362.04 of the Welfare and Institutions Code, may allow their adult friends and family to provide short-term care to the foster child and act as an appropriate occasional short-term babysitter for the child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Parents of a foster
child’s friend when the foster child is visiting the friend’s home and the friend, foster parent, or both are also present. However, the foster parent, acting as a reasonable and prudent parent, may allow the parent of the foster child’s friend to act as an appropriate, occasional short-term babysitter for the child without the friend being present.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Individuals who are engaged by a foster parent to provide short-term care to the child for periods not to exceed 24 hours. Caregivers shall use a reasonable and prudent parent standard in selecting appropriate individuals to act as appropriate occasional short-term babysitters.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In addition to the exemptions specified in paragraph (2), the following persons in adult day care and adult day support centers are exempt from the requirements applicable under paragraph (1):
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Unless contraindicated by the client’s individualized program plan (IPP) or needs and service plan, a spouse, significant other, relative, or close friend of a client, or an attendant or a facilitator for a client with a developmental disability if the attendant or facilitator is not employed, retained, or contracted by the licensee. This exemption applies only if the person is visiting the client or providing direct care and supervision to the client.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A volunteer if all of the following apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The volunteer is supervised by the licensee or a facility employee with a criminal record clearance or exemption.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The volunteer is never left alone with clients.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The volunteer does not provide client assistance with dressing,
grooming, bathing, or personal hygiene other than washing of hands.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In addition to the exemptions specified in paragraph (2), the following persons in adult residential and social rehabilitation facilities, unless contraindicated by the client’s individualized program plan (IPP) or needs and services plan, are exempt from the requirements applicable under paragraph (1): a spouse, significant other, relative, or close friend of a client, or an attendant or a facilitator for a client with a developmental disability if the attendant or facilitator is not employed, retained, or contracted by the licensee. This exemption applies only if the person is visiting the client or providing direct care and supervision to that client.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This subdivision does not prevent a licensee from requiring a criminal record clearance of any individual exempt from the
requirements of this section, provided that the individual has client contact.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Any person similar to those described in this subdivision, as defined by the department in regulations.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subsequent to initial licensure, a person specified in subdivision (b) who is not exempted from fingerprinting shall obtain either a criminal record clearance or an exemption from disqualification pursuant to subdivision (g) of this section or Section 1522.7 from the State Department of Social Services prior to employment, residence, or initial presence in the facility. A person specified in subdivision (b) who is not exempt from fingerprinting shall be fingerprinted. The licensee shall submit fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level
criminal offender record information search, or comply with paragraph (1) of subdivision (h). These fingerprint images and related information shall be sent by electronic transmission in a manner approved by the State Department of Social Services and the Department of Justice for the purpose of obtaining a permanent set of fingerprints, and shall be submitted to the Department of Justice by the licensee. A licensee’s failure to prohibit the employment, residence, or initial presence of a person specified in subdivision (b) who is not exempt from fingerprinting and who has not received either a criminal record clearance or an exemption from disqualification pursuant to subdivision (g) or to comply with paragraph (1) of subdivision (h), as required in this section, shall result in the citation of a deficiency and the immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation
within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1550. The department may assess civil penalties for continued violations as permitted by Section 1548. The fingerprint images and related information shall then be submitted to the Department of Justice for processing. Upon request of the licensee, who shall enclose a self-addressed stamped postcard for this purpose, the Department of Justice shall verify receipt of the fingerprints. The department shall not require the person to disclose their criminal history information prior to receipt of the live scan results.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Within 14 calendar days of the receipt of the fingerprint images, the Department of Justice shall notify the State Department of Social Services of the criminal record information, as provided in subdivision
(a). If no criminal record information has been recorded, the Department of Justice shall provide the licensee and the State Department of Social Services with a statement of that fact within 14 calendar days of receipt of the fingerprint images. Documentation of the individual’s clearance or exemption from disqualification shall be maintained by the licensee and be available for inspection. If new fingerprint images are required for processing, the Department of Justice shall, within 14 calendar days from the date of receipt of the fingerprints, notify the licensee that the fingerprints were illegible, the Department of Justice shall notify the State Department of Social Services, as required by Section 1522.04, and shall also notify the licensee by mail, within 14 days of electronic transmission of the fingerprints to the Department of Justice, if the person has no criminal history recorded. A violation of the regulations adopted pursuant to Section 1522.04 shall result in the citation of a deficiency and
an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1550. The department may assess civil penalties for continued violations as permitted by Section 1548.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Except for persons specified in subdivision (b) who are exempt from fingerprinting, the licensee shall endeavor to ascertain the previous employment history of persons required to be fingerprinted. If it is determined by the State Department of Social Services, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption
from disqualification pursuant to subdivision (g), the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the State Department of Social Services shall notify the licensee to act immediately to terminate the person’s employment, remove the person from the community care facility, or bar the person from entering the community care facility. The State Department of Social Services may subsequently grant an exemption from disqualification pursuant to subdivision (g). If the conviction or arrest was for another crime, except an infraction, the licensee shall, upon notification by the State Department of Social Services, act immediately to either (A) terminate the person’s employment, remove the person from the community care facility, or bar the person from entering the community care facility; or (B) seek an exemption from disqualification pursuant
to subdivision (g). The State Department of Social Services shall determine if the person shall be allowed to remain in the facility until a decision on the exemption from disqualification is rendered. A licensee’s failure to comply with the department’s prohibition of employment, contact with clients, or presence in the facility as required by this paragraph shall result in a citation of deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day and shall be grounds for disciplining the licensee pursuant to Section 1550.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The department may issue an exemption from disqualification on its own motion pursuant to subdivision (g) if the person’s criminal history indicates that the person is of good character based on the age, seriousness, and frequency of the conviction or convictions. The department, in consultation with interested parties, shall develop regulations to establish
the criteria to grant an exemption from disqualification pursuant to this paragraph.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Concurrently with notifying the licensee pursuant to paragraph (3), the department shall notify the affected individual of their right to seek an exemption from disqualification pursuant to subdivision (g). The individual may seek an exemption from disqualification only if the licensee terminates the person’s employment or removes the person from the facility after receiving notice from the department pursuant to paragraph (3).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Before and, as applicable, subsequent to issuing a license or certificate of approval to a person or persons to operate a foster family home,
kinship family pursuant to Section 16519.4 of the Welfare and Institutions Code, or resource family pursuant to Section 1517 of this code or Section 16519.5 of the Welfare and Institutions Code, the State Department of Social Services or other approving authority shall secure California and Federal Bureau of Investigation criminal history information to determine whether the applicant or any person specified in subdivision (b) who is not exempt from fingerprinting has ever been convicted of a crime other than an infraction or arrested for a crime specified in subdivision (c) of Section 290 of the Penal Code, for violating Section 245, 273ab, or 273.5, subdivision (b) of Section 273a, or, prior to January 1, 1994, paragraph (2) of Section 273a, of the Penal Code, or for a crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (g). The State Department of Social Services or other approving authority shall not issue a
license or certificate of approval to a foster family home, kinship family applicant, or resource family applicant who has not obtained both a California and Federal Bureau of Investigation criminal record clearance or exemption from disqualification pursuant to subdivision (g).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The criminal history information shall include the full criminal record, if any, of those persons.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Neither the Department of Justice nor the State Department of Social Services may charge a fee for the fingerprinting of an applicant for a license, special permit, or certificate of approval described in this subdivision. The record, if any, shall be taken into consideration when
evaluating a prospective applicant.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The following shall apply to the criminal record information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the applicant or other persons specified in subdivision (b) who are not exempt from fingerprinting have convictions that would make the applicant’s home unfit as a foster family home, kinship family, or resource family, the license, special permit, certificate of approval, or presence shall be denied.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the State Department of Social Services finds that the applicant, or any person specified in subdivision (b) who is not exempt from fingerprinting, is awaiting trial for a crime other than an
infraction, the State Department of Social Services or other approving authority may cease processing the criminal record information until the conclusion of the trial.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this subdivision, a criminal record clearance provided under Section 8712 of the Family Code may be used by the department or other approving authority.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
To the same extent required for federal funding, a person specified in subdivision (b) who is not exempt from fingerprinting shall submit a set of fingerprint images and related information to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, in addition to the criminal records search required by subdivision (a).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Any person specified in this
subdivision shall, as a part of the application, be fingerprinted and sign a declaration under penalty of perjury regarding any prior criminal convictions or arrests for any crime against a child, spousal or cohabitant abuse, or a crime for which the department cannot grant an exemption if the person was convicted and shall submit these fingerprints to the licensing agency or other approving authority.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Subsequent to initial licensure, certification, or approval, a person specified in subdivision (b) who is not exempt from fingerprinting shall obtain both a California and Federal Bureau of Investigation criminal record clearance, or an exemption from disqualification pursuant to subdivision (g), prior to employment, residence, or initial presence in the foster family home,
kinship family home, or resource family home. A foster family home licensee or foster family agency shall submit fingerprint images and related information of persons specified in subdivision (b) who are not exempt from fingerprinting to the Department of Justice and the Federal Bureau of Investigation, through the Department of Justice, for a state and federal level criminal offender record information search, or to comply with paragraph (1) of subdivision (h). A foster family home licensee’s or a foster family agency’s failure to either prohibit the employment, residence, or initial presence of a person specified in subdivision (b) who is not exempt from fingerprinting and who has not received either a criminal record clearance or an exemption from disqualification pursuant to subdivision (g), or comply with paragraph (1) of subdivision (h), as required in this section, shall result in a citation of a deficiency, and the immediate civil penalties of one hundred
dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the licensee pursuant to Section 1550. A violation of the regulation adopted pursuant to Section 1522.04 shall result in the citation of a deficiency and an immediate assessment of civil penalties in the amount of one hundred dollars ($100) per violation per day for a maximum of five days, unless the violation is a second or subsequent violation within a 12-month period in which case the civil penalties shall be in the amount of one hundred dollars ($100) per violation for a maximum of 30 days, and shall be grounds for disciplining the foster family home licensee or the foster family agency pursuant to Section 1550. The State Department of Social Services may assess penalties for continued violations,
as permitted by Section 1548. The fingerprint images shall then be submitted to the Department of Justice for processing.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Upon request of the licensee, who shall enclose a self-addressed envelope for this purpose, the Department of Justice shall verify receipt of the fingerprints. Within five working days of the receipt of the criminal record or information regarding criminal convictions from the Department of Justice, the department shall notify the applicant of any criminal arrests or convictions. If no arrests or convictions are recorded, the Department of Justice shall provide the foster family home licensee or the foster family agency with a statement of that fact concurrent with providing the information to the State Department of Social Services.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
If the State Department of Social Services or other approving authority finds that the applicant, or any other person
specified in subdivision (b) who is not exempt from fingerprinting, has been convicted of a crime other than an infraction, the application or presence shall be denied, unless the department grants an exemption from disqualification pursuant to subdivision (g).
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
If the State Department of Social Services or other approving authority finds, after licensure or the granting of the certificate of approval, that the licensee, kinship family, resource family, or any other person specified in subdivision (b) who is not exempt from fingerprinting, has been convicted of a crime other than an infraction, the license or certificate of approval may be revoked or rescinded by the department or the foster family agency, whichever is
applicable, unless the department grants an exemption from disqualification pursuant to subdivision (g). A licensee’s failure to comply with the department’s prohibition of employment, contact with clients, or presence in the facility as required by paragraph (3) of subdivision (c) shall be grounds for disciplining the licensee pursuant to Section 1550.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The State Department of Social Services shall not use a record of arrest to deny, revoke, rescind, or terminate an application, license, certificate of approval, employment, or residence unless the department investigates the incident and secures evidence, whether or not related to the incident of arrest, that is admissible in an administrative hearing to establish conduct by the person that may pose a risk to the health and safety of a person who is or may become a client.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall not
issue a criminal record clearance to a person who has been arrested for a crime specified in Section 290 of the Penal Code, or for violating Section 245, 273ab, or 273.5, or subdivision (b) of Section 273a, of the Penal Code, or, prior to January 1, 1994, paragraph (2) of Section 273a of the Penal Code, or for a crime for which the department is prohibited from granting a criminal record exemption pursuant to subdivision (g), prior to the completion of an investigation pursuant to paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The State Department of Social Services is authorized to obtain arrest or conviction records or reports from any law enforcement agency as necessary to the performance of its duties to inspect, license, and investigate community care facilities and individuals associated with a community care facility.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this chapter, a conviction means a
plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that the State Department of Social Services is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, when the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, notwithstanding a subsequent order pursuant to Sections 1203.4 and 1203.4a of the Penal Code permitting the person to withdraw a plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment. For purposes of this chapter, the record of a conviction, or a copy thereof certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction. For purposes of this chapter, the arrest disposition report certified by the Department of Justice, or documents admissible in a
criminal action pursuant to Section 969b of the Penal Code, shall be prima facie evidence of the conviction, notwithstanding any other law prohibiting the admission of these documents in a civil or administrative action.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this chapter, the department shall consider criminal convictions from another state or federal court as if the criminal offense was committed in this state.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as otherwise provided in this subdivision with respect to a foster care provider applicant, including a relative caregiver, nonrelative extended family member, kinship family, or resource family, after review of the record, the department may grant an exemption from disqualification for a license or special permit as specified in paragraph (4) of
subdivision (a), or for a license, special permit, or certificate of approval as specified in paragraphs (4), (7), and (8) of subdivision (d), or for employment, residence, or presence in a community care facility as specified in paragraphs (3), (4), and (5) of subdivision (c), if the department has substantial and convincing evidence to support a reasonable belief that the applicant or the person convicted of the crime, if other than the applicant, is rehabilitated and is presently of such good character as to justify issuance of the license or special permit or granting an exemption for purposes of subdivision (c). Except as otherwise provided in this subdivision, an exemption shall not be granted pursuant to this subdivision if the conviction was for any of the following offenses:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
An offense specified in Section 220, 243.4, or 264.1, subdivision (a) of Section 273a, or, prior to January 1, 1994, paragraph (1) of
Section 273a, Section 273ab, 273d, 288, or 289, subdivision (c) of Section 290, or Section 368, of the Penal Code, or was a conviction of another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding clause (i), the department may grant an exemption regarding the conviction for an offense described in paragraph (1), (2), (7), or (8) of subdivision (c) of Section 667.5 of the Penal Code, if the employee or prospective employee has been rehabilitated as provided in Section 4852.03 of the Penal Code, has maintained the conduct required in Section 4852.05 of the Penal Code for at least 10 years, and has the recommendation of the district attorney representing the employee’s county of residence, or if the employee or prospective employee has received a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A felony offense specified in Section 729 of the Business and Professions Code or Section 206 or 215, subdivision (a) of Section 347, subdivision (b) of Section 417, or subdivision (a) of Section 451 of the Penal Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Notwithstanding clause (ii) of subparagraph (A), an exemption shall not be granted pursuant to this subdivision to any applicant for licensure of a community care facility eligible to accept placement of a dependent child if either that applicant or any other person specified in subdivision (b) who is associated with the facility has a felony conviction for either of the following offenses:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or for a crime involving violence, including rape, sexual
assault, or homicide, but not including other physical assault and battery. For purposes of this subclause, a crime involving violence means a violent crime specified in clause (i) of subparagraph (A) or subparagraph (B).
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A felony conviction for physical assault, battery, or a drug- or alcohol-related offense that occurred within the last five years.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
This subparagraph shall be operative to the extent that compliance with these provisions is required by federal law as a condition for receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a foster care provider applicant, a kinship family applicant, a resource family
applicant, a tribally approved home applicant, or a prospective respite care provider as described in Section 16501.01 of the Welfare and Institutions Code, except as specified in clause (iv), an exemption shall not be granted if that applicant, or any individual subject to the background check requirements of this section pursuant to foster care provider applicant,
kinship family approval, resource family approval, tribally approved home, or respite care provider standards, has a conviction within the past 10 years for any of the following offenses:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An offense specified in Section 220, 243.4, or 264.1, subdivision (a) of Section 273a, or, prior to January 1, 1994, paragraph (1) of Section 273a, Section 273ab, 273d, 288, or 289, subdivision (c) of Section 290, or Section 368, of the Penal Code, or was a conviction of another crime against an individual specified in subdivision (c) of Section 667.5 of the Penal Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A felony offense specified in Section 729 of the Business and Professions Code or Section 206 or 215, subdivision (a) of Section 347, subdivision (b) of Section 417, or subdivision (a) of Section 451 of the Penal Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Except as specified in clause (iv), an exemption shall not be granted pursuant to this subdivision to any foster care provider
or kinship family or resource family applicant, including a tribally approved home applicant, if that applicant, or any other person specified in subdivision (b) in those homes, has a felony conviction for either of the following offenses:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault and battery. For purposes of this subparagraph, a crime involving violence means a violent crime specified in clause (i) of subparagraph (A), or clause (ii) of this subparagraph.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A felony conviction, within the last five years, for physical assault, battery, or a drug- or alcohol-related offense.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
This clause does not apply to licenses or approvals when a caregiver was granted an exemption to a criminal conviction described in clause (i) prior to the enactment of this clause.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
This clause shall remain operative only to the extent that compliance with its provisions is required by federal law as a condition for receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
For the sole purpose of approving a kinship family pursuant to Section 16519.4 of the Welfare and Institutions Code, the department or other approving entity may grant
an exemption to a kinship family applicant or any other adult living in the home, who has been convicted of an offense described in this subparagraph if the applicant is seeking placement of a specific child or children, the applicant or other adult living in the home is of present good character necessary to justify granting the exemption pursuant to the factors described in subparagraph (C), and the applicant or other adult living in the home does not have a felony conviction within the last five years for child abuse or neglect, spousal abuse, rape, sexual assault,
homicide, or any other crime against a child, including child pornography. An exemption granted pursuant to this clause shall only be valid for purposes of the
child-specific kinship family approval and shall not be transferrable to any other setting pursuant to subdivision (h).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department or other approving entity may grant an exemption from disqualification to a foster care provider, kinship family applicant, resource family applicant, tribally approved home applicant, or any individual subject to the background check requirements of this section pursuant to foster care provider applicant, kinship family approval, resource family approval, tribally approved home, or respite care provider standards, if the department or other approving entity has substantial and convincing evidence to support a reasonable belief that the applicant or the
person convicted of the crime, if other than the applicant, is of present good character necessary to justify the granting of an exemption and the conviction is for one of the following offenses:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Any misdemeanor conviction within the last three years that is not otherwise prohibited by subparagraph (A).
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), a misdemeanor conviction for statutory rape, as defined in Section 261.5 of the Penal Code, a misdemeanor conviction for indecent exposure, as defined in Section 314 of the Penal Code, or a misdemeanor conviction for financial abuse against an elder, as defined in Section 368 of the Penal Code, shall be eligible for the consideration of an exemption as set forth in subparagraph (C).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Any felony conviction within the last five years that is not
otherwise prohibited by subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
When granting an exemption for a crime listed in subparagraph (B), the department or other approving entity shall consider all reasonably available information, including, but not limited to, the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The nature of the crime or crimes.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The period of time since the crime was committed.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Any longstanding pattern of criminal conduct.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Circumstances surrounding the commission of the crime indicating the likelihood of future criminal activity.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Activities since conviction, including employment, participation in therapy, education, or treatment.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Whether the person convicted has successfully completed probation or parole, obtained a certificate of rehabilitation, or been granted a pardon by the Governor.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
Any character references or other evidence submitted by the applicant.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
Whether the person convicted demonstrated honesty and truthfulness concerning the crime or crimes during the application and approval process.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The department or other approving entity shall grant an exemption from disqualification to a foster care provider applicant, kinship family applicant, resource family applicant, tribally approved home applicant, or any person subject
to the background check requirements of this section pursuant to foster care provider applicant, kinship family approval, resource family approval, tribally approved home, or respite care provider standards, who has been convicted of an offense not listed in subparagraph (A) or (B), if the individual’s state and federal criminal history information received from the Department of Justice independently supports a reasonable belief that the applicant or the person convicted of the crime, if other than the applicant, is of present good character necessary to justify the granting of an exemption.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding the fact that an individual meets the criteria described in clause (i), the department or other approving entity, at its discretion, as necessary to protect the health and safety of a child, may evaluate a person described in
clause (i), for purposes of making an exemption decision, pursuant to the criteria described in subparagraphs (B) and (C).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
This paragraph does not apply to licenses or approvals for which a caregiver was granted an exemption for a criminal conviction prior to January 1, 2018.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall not prohibit a person from being employed or having contact with clients in a facility,
kinship family home, or resource family home on the basis of a denied criminal record exemption request or arrest information unless the department complies with the requirements of Section 1558 of this code or Section 16519.6 of the Welfare and Institutions Code, as applicable.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of compliance with this section, the department may permit an individual to transfer a current criminal record clearance, as defined in subdivision (a), from one facility to another, as long as the criminal record clearance has been processed through a state licensing district office, and is being transferred to another facility licensed by a state licensing district office. The request shall be submitted to the department on a form provided by the department or submitted via the department’s secure online portal. Upon request of the licensee, who shall verify the individual’s identity,
the State Department of Social Services shall verify whether the individual has a clearance that can be transferred.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The State Department of Social Services shall hold criminal record clearances in its active files for a minimum of three years after an employee is no longer employed at a licensed facility in order for the criminal record clearance to be transferred.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A criminal record clearance or exemption eligible for transfer and processed by the department, a county office with clearance and exemption authority pursuant to Section 16519.4 or 16519.5 of the Welfare and
Institutions Code, or a county office with department-delegated licensing
authority, shall be accepted by the department or county upon notification of transfer.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
With respect to notifications issued by the Department of Justice pursuant to Section 11105.2 of the Penal Code and Section 1522.1 concerning an individual whose criminal record clearance was originally processed by the department, a county office with clearance and exemption authority pursuant to Section 16519.4 or 16519.5 of the Welfare and Institutions Code, or a county office with department-delegated licensing authority, all of the following shall apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The Department of Justice shall process a request from the department or a county to receive
the notice only if all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The request shall be submitted to the Department of Justice by the agency to be substituted to receive the notification.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The request shall be for the same applicant type as the type for which the original clearance was obtained.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The request shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
On or before January 7, 2005, the department shall notify the Department of Justice of all county offices that have department-delegated licensing authority.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The department shall notify the
Department of Justice within 15 calendar days of the date on which a new county office receives department-delegated licensing authority or a county’s delegated licensing authority is rescinded.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The Department of Justice shall charge the department, a county office with department-delegated licensing authority, or a county child welfare agency with criminal record clearance and exemption authority, a fee for each time a request to substitute the recipient agency is received for purposes of this paragraph. This fee shall not exceed the cost of providing the service.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The full criminal record obtained for purposes of this section may be used by the department or by a licensed adoption agency as a clearance required for adoption purposes.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
If a licensee or facility is required by law to deny employment or to
terminate employment of any employee based on written notification from the department that the employee has a prior criminal conviction or is determined unsuitable for employment under Section 1558, the licensee or facility shall not incur civil liability or unemployment insurance liability as a result of that denial or termination.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The State Department of Social Services may charge a fee for the costs of processing electronic fingerprint images and related information.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_2AC4BAD3-5AD6-44C0-B1D0-8E605DC0A605">
<ns0:Num>SEC. 32.</ns0:Num>
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Section 1522.08 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_C82FB955-3D96-403E-9BFE-9B06A37A96FB">
<ns0:Num>1522.08.</ns0:Num>
<ns0:LawSectionVersion id="id_21B80606-669E-4125-838B-E9F147AB52F8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In order to protect the health and safety of persons receiving care or services from individuals or facilities licensed by the state or from individuals certified or approved by a county or foster family agency, the following information may be shared:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The California Department of Aging, State Department of Public Health, State Department of Health Care Services, State Department of Social Services, and the Emergency Medical Services Authority may share information with respect to applicants, licensees, certificate holders, or individuals who have been the subject of any administrative action resulting in the denial, suspension, probation,
revocation, or rescission of a license, permit, or certificate of approval, or in the exclusion of any person from a facility who is subject to a background check, as otherwise provided by law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The State Department of Social Services and county child welfare agencies may share information with respect to applicants, licensees, certificate holders, kinship families and resource families, or individuals who have been the subject of any administrative action resulting in the denial, suspension, probation, revocation, or rescission of a license, permit, or certificate of approval, or in the
exclusion of any person from a facility, certified family home, or resource family home who is subject to a background check, as otherwise provided by law.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The State Department of Social Services shall maintain a centralized system for the monitoring and tracking of final administrative actions, to be used by the California Department of Aging, State Department of Public Health, State Department of Health Care Services, State Department of Social Services, the Emergency Medical Services Authority, and county child welfare agencies as a part of the background check process. The State Department of Social Services may charge a fee to departments under the jurisdiction of the California Health and Human Services Agency and to county child welfare agencies sufficient to cover the cost of providing those departments with the final administrative action specified in subdivision (a). To the extent that additional funds are needed for this purpose,
implementation of this subdivision shall be contingent upon a specific appropriation provided for this purpose in the annual Budget Act.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The State Department of Social Services, in consultation with the other departments under the jurisdiction of the California Health and Human Services Agency, may adopt regulations to implement this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For the purposes of this section and Section 1499, “administrative action” means any proceeding initiated by the California Department of Aging, State Department of Public Health, State Department of Health Care Services, State Department of Social Services, Emergency Medical Services Authority, and county child welfare agencies to determine the rights and duties of an applicant, licensee, certificate holder, or other individual or entity over which the department
or county has jurisdiction. “Administrative action” may include, but is not limited to, action involving the denial of an application for, or the suspension, revocation, or rescission of, any license, special permit, certificate of approval, administrator certificate, criminal record clearance, exemption, or exclusion.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C3EC4BC7-6C03-463D-BFB3-843341E54534">
<ns0:Num>SEC. 33.</ns0:Num>
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Section 1522.1 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B1E2206C-BCB8-4EAD-97AE-5FA10F57A7F2">
<ns0:Num>1522.1.</ns0:Num>
<ns0:LawSectionVersion id="id_482E6471-E778-42AF-A21D-85EABE48A802">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Prior to granting a license to, or otherwise approving, any individual to care for or reside with children, the department or other approving authority shall check the Child Abuse Central Index pursuant to paragraph (4) of subdivision (b) of Section 11170 of the Penal Code. The Department of Justice shall maintain and continually update an index of reports of child abuse by providers and shall inform the department of subsequent reports received from the Child Abuse Central Index pursuant to Section 11170 of the Penal Code and the criminal history. The department or other approving authority shall investigate any
reports received from the Child Abuse Central Index. The investigation shall include, but not be limited to, the review of the investigation report and file prepared by the child protective agency which investigated the child abuse report. Licensure or approval shall not be denied based upon a report from the Child Abuse Central Index unless child abuse or severe neglect is substantiated.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For any application received on or after January 1, 2008, if any prospective foster parent, or adoptive parent, or any person 18 years of age or older residing in their household, has lived in another state in the preceding five years, the licensing agency or licensed adoption agency shall check that state’s child abuse and neglect registry, in addition to checking the Child Abuse Central Index as provided for in subdivision (a). The department, in consultation with the County Welfare Directors Association of California, shall develop and promulgate the
process and criteria to be used to review and consider other states’ findings of child abuse or neglect.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If any person in the household is 18 years of age or older and has lived in another state in the preceding five years, the department or its designated representative shall check the other state’s child abuse and neglect registry to the same extent required for federal funding, in addition to checking the Child Abuse Central Index as provided for in subdivision (a), prior to granting a license to, or otherwise approving, any foster family home, certified family home, kinship family, resource family, or person for whom an adoption home study is conducted or who has filed to adopt.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If any licensee of a community care facility that is eligible to accept placement of
a dependent child or any associated individual, as described in paragraph (1) of subdivision (b) of Section 1522, has lived in another state in the preceding five years, the department shall check that state’s child abuse and neglect registry, in addition to the Child Abuse Central Index as specified in subdivision (a). The department shall develop and promulgate the process and criteria to be used to review and consider other states’ findings of child abuse or neglect.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_FE093E0E-E81E-4B6D-8DF2-A3C8CC96ADCD">
<ns0:Num>SEC. 34.</ns0:Num>
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Section 1522.4 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F1E9D4EF-BC76-40E6-A593-EFD2843685F4">
<ns0:Num>1522.4.</ns0:Num>
<ns0:LawSectionVersion id="id_3EB4C0F4-5D1D-4B6D-A76B-5FEAB2AFBD8D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
In addition to any other requirements of this chapter and except for foster family homes, small family homes, and resource families, all of the following apply to any community care facility providing 24-hour care for children:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The facility shall have one or more facility managers. “Facility manager,” as used in this section, means a person on the premises with the authority and responsibility necessary to manage and control
the day-to-day operation of a community care facility and supervise the clients. The facility manager, licensee, and administrator, or any combination thereof, may be the same person provided the person meets all applicable requirements. If the administrator is also the facility manager for the same facility, this person shall be limited to the administration and management of only one facility.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The facility manager shall have at least one year of experience working with the client group served, or equivalent education or experience, as determined by the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A facility manager shall be at the facility at all times when one or more clients are present. To ensure
adequate supervision of clients when clients are at the facility outside of their normal schedule, a current telephone number where the facility manager can be reached shall be provided to the clients, licensing agency, school, and any other agency or person as the department determines is necessary. The facility manager shall instruct these agencies and individuals to notify the facility manager when clients will be returning to the facility outside of the normal hours.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Legislature intends to upgrade the quality of care in licensed facilities. For the purposes of Sections 1533 and 1534, the licensed facility shall be inspected and evaluated for quality of care at least once each year, without advance notice and as often as necessary,
without advance notice, to ensure the quality of care being provided.
</html:p>
<html:p>Paragraphs (1), (2), and (3) shall apply only to new facilities licensed for six or fewer children which apply for a license after January 1, 1985, and all other new facilities licensed for seven or more children which apply for a license after January 1, 1988. Existing facilities licensed for seven or more children shall comply by January 1, 1989.</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An employee of the state or county employed in the administration of this chapter or employed in a position that is in any way concerned with facilities licensed under this chapter shall not hold a license or have a direct or indirect financial interest in a facility described in subdivision (a).
</html:p>
<html:p>The department, by regulation, shall make the determination pursuant to the purposes of this section and chapter, as to what employment is in the
administration of this chapter or in any way concerned with facilities licensed under this chapter and what financial interest is direct or indirect.</html:p>
<html:p>This subdivision does not prohibit the state or county from securing a license for, or operating, a facility that is otherwise required to be licensed under this chapter.</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
No group home, short-term residential therapeutic program, or foster family agency licensee, or employee, member of the board of directors, or officer of a group home, short-term residential therapeutic program, or foster family agency licensee, shall offer gifts or other remuneration of any type to any employee of the State Department of Social Services or placement agency that exceeds the monetary limits for gifts to employees of the State of California pursuant to Title 9 (commencing with Section 81000) of the Government Code and regulations adopted
thereunder by the Fair Political Practices Commission.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
No employee of the department or a placement agency shall accept any gift or other remuneration of any type from a group home, short-term residential therapeutic program, or foster family agency licensee or employee, member of the board of directors, or officer of a group home, short-term residential therapeutic program, or foster family agency licensee that exceeds the monetary limits for gifts to employees of the State of California in Title 9 (commencing with Section 81000) of the Government Code and regulations adopted thereunder by the Fair Political Practices Commission.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Violation of this subdivision is punishable as a misdemeanor.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B6E766CC-A8F9-45FD-9946-9E0CF04F20BC">
<ns0:Num>SEC. 35.</ns0:Num>
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Section 1522.44 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_52B30048-4BB1-4CEB-9E96-7E9F54272112">
<ns0:Num>1522.44.</ns0:Num>
<ns0:LawSectionVersion id="id_CD920A79-E093-49EB-836F-9877570B0560">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the policy of the state that caregivers of children in foster care possess knowledge and skills relating to the reasonable and prudent parent standard, as defined in subdivision (c) of Section 362.05 of the Welfare and Institutions Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Except for licensed foster family homes and resource families approved by a foster family agency, each licensed community care facility that provides care and supervision to children and operates with staff shall designate at least one onsite staff member to apply the reasonable and prudent parent
standard to decisions involving the participation of a child who is placed in the facility in age or developmentally appropriate activities in accordance with the requirements of Section 362.05 of the Welfare and Institutions Code, Section 671(a)(10) of Title 42 of the United States Code, and the regulations adopted by the department pursuant to this chapter.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A resource family, or facility staff member, as described in subdivision (b), shall receive training related to the reasonable and prudent parent standard that is consistent with Section 671(a)(24) of Title 42 of the United States Code. This training shall include knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, including knowledge and skills relating to
the developmental stages of the cognitive, emotional, physical, and behavioral capacities of a child, and knowledge and skills relating to applying the standard to decisions such as whether to allow the child to engage in extracurricular, enrichment, cultural, and social activities, including sports, field trips, and overnight activities lasting one or more days, and to decisions involving the signing of permission slips and arranging of transportation for the child to and from extracurricular, enrichment, and social activities.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section does not apply to a youth homelessness prevention center, a private alternative boarding school, or a private alternative outdoor program, as those terms are defined, respectively, in subdivision (a) of Section 1502.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_83AD6D1E-CC8F-4C22-ABEF-FE40B061C095">
<ns0:Num>SEC. 36.</ns0:Num>
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Section 1523.1 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_397938AD-8415-486D-8B95-5B778C563A67">
<ns0:Num>1523.1.</ns0:Num>
<ns0:LawSectionVersion id="id_15D86EF9-6161-4764-A6FD-C507D1921593">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An application fee adjusted by facility and capacity shall be charged by the department for the issuance of a license. After initial licensure, a fee shall be charged by the department annually on each anniversary of the effective date of the license. The fees are for the purpose of financing the activities specified in this chapter. Fees shall be assessed as follows, subject to paragraph (2):
</html:p>
<html:table class="convertedTable" id="id_27EDB4B3-7DA1-4539-8F5B-9C537872466C">
<html:colgroup>
<html:col width="160.0"/>
<html:col width="85.0"/>
<html:col width="85.0"/>
<html:col width="85.0"/>
</html:colgroup>
<html:tbody>
<html:tr>
<html:td align="center" colspan="4" valign="bottom">
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">
Fee Schedule
<html:br/>
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td valign="bottom">
<html:p class="HeaderCentered" style="font-size:9pt; text-align:center; text-indent:0pt;">Facility Type</html:p>
</html:td>
<html:td valign="bottom">
<html:p class="HeaderLeft" style="font-size:9pt; text-align:left; text-indent:0pt;">Capacity</html:p>
</html:td>
<html:td valign="bottom">
<html:p class="HeaderCentered" style="font-size:9pt; text-align:center; text-indent:0pt;">
Initial
<html:br/>
Application
</html:p>
</html:td>
<html:td valign="bottom">
<html:p class="HeaderCentered" style="font-size:9pt; text-align:center; text-indent:0pt;">Annual</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; hyphenation: yes;; text-indent:0pt;">
Foster Family and
<html:br/>
Adoption Agencies
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">$3,025</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">$1,513</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td rowspan="7">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">Adult Day Programs</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
1–15
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
$182
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
$91
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
16–30
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
$303
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$152
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
31–60
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
$605
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$303
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
61–75
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
$758
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$378
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
76–90
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
$908
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$454
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
91–120
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$1,210
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$605
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">121+</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$1,513
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$757
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td/>
<html:td/>
<html:td/>
<html:td/>
</html:tr>
<html:tr>
<html:td rowspan="5">
<html:p class="Left10Point" style="font-size:10pt; text-align:left; hyphenation: yes;; text-indent:0pt;">
Other Community
<html:br/>
Care Facilities
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
1–3
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
$454
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$454
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
4–6
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
$908
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$454
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
7–15
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$1,363
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$681
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
16–30
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$1,815
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$908
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
31–49
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$2,270
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">$1,135</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
50–74
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$2,725
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">$1,363</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
75–100
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$3,180
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">$1,590</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
101–150
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$3,634
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">$1,817</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
151–200
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$4,237
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">$2,119</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
201–250
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$4,840
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">$2,420</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
251–300
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$5,445
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">$2,723</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
301–350
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$6,050
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">$3,025</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
351–400
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point">
<html:span class="EnSpace"/>
$6,655
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
$3,328
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
401–500
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
<html:span class="ThinSpace"/>
<html:span class="EnSpace"/>
$7,865
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
$3,933
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
501–600
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
<html:span class="ThinSpace"/>
<html:span class="EnSpace"/>
$9,075
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
$4,538
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
601–700
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td align="left">
<html:p class="Left10Point">
<html:span class="EnSpace"/>
<html:span class="ThinSpace"/>
<html:span class="EnSpace"/>
$10,285
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
$5,143
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
701+
<html:span class="EnSpace"/>
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point">
<html:span class="EnSpace"/>
<html:span class="ThinSpace"/>
<html:span class="EnSpace"/>
$12,100
</html:p>
</html:td>
<html:td>
<html:p class="Left10Point">
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
$6,050
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The Legislature finds that all revenues generated by fees for licenses computed under this section and used for the purposes for which they were imposed are not subject to Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department, at least every five years, shall analyze initial application fees and annual fees issued by it to ensure the
appropriate fee amounts are charged. The department shall recommend to the Legislature that fees established by the Legislature be adjusted as necessary to ensure that the amounts are appropriate.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to fees set forth in subdivision (a), the department shall charge the following fees:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A fee that represents 50 percent of an established application fee when an existing licensee moves the facility to a new physical address.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A fee that represents 50 percent of the established application fee when a corporate licensee changes who has the authority to select a majority of the board of directors.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A fee of twenty-five dollars ($25) when an existing licensee seeks to either increase or decrease the licensed
capacity of the facility.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
An orientation fee of fifty dollars ($50) for attendance by any individual at a department-sponsored orientation session.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A probation monitoring fee equal to the current annual fee, in addition to the current annual fee for that category and capacity for each year a license has been placed on probation as a result of a stipulation or decision and order pursuant to the administrative adjudication procedures of the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A late fee that represents an additional 50 percent of the established current annual fee when any licensee fails to pay the current annual licensing fee on or before the due date as indicated
by postmark on the payment.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A fee to cover any costs incurred by the department for processing payments including, but not limited to, bounced check charges, charges for credit and debit transactions, and postage due charges.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
A plan of correction fee of two hundred dollars ($200) when any licensee does not implement a plan of correction on or prior to the date specified in the plan.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Additional fees established by the department by regulation for private alternative boarding schools and private alternative outdoor programs, as necessary to regulate those licensees.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Foster family homes and resource families approved by a foster family agency shall be exempt from the fees imposed pursuant to this subdivision.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Foster family agencies shall be annually assessed eighty-eight dollars ($88) for each resource family approved by the agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A foster family agency shall not be annually assessed the fee described in subparagraph (A) for a resource family placed on inactive status in accordance with Section 1517.4 if the period of inactivity exceeds one year.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a facility licensed under this chapter that serves six or fewer persons.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The revenues collected from licensing fees pursuant to this section shall be utilized by the department for the purpose of ensuring the health and safety of all individuals provided care and supervision by licensees and to support activities of the licensing program, including, but not limited to, monitoring facilities for compliance with licensing laws and regulations pursuant to this chapter, and other administrative activities in support of the licensing program, when appropriated for these purposes. The revenues collected shall be used in addition to any other funds appropriated in the Budget Act in support of the licensing program. The department shall adjust the fees collected pursuant to this section as necessary to ensure that they do not exceed the costs described in this paragraph.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall not utilize any portion of these
revenues sooner than 30 days after notification in writing of the purpose and use of this revenue, as approved by the Director of Finance, to the Chairperson of the Joint Legislative Budget Committee, and the chairpersons of the committee in each house that considers appropriations for each fiscal year. The department shall submit a budget change proposal to justify any positions or any other related support costs on an ongoing basis.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A facility may use a bona fide business check to pay the license fee required under this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The failure of an applicant or licensee to pay all applicable and accrued fees and civil penalties shall constitute grounds for denial or forfeiture of a license.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_74F8F642-BAEA-4F7F-BAE3-7128569BA85D">
<ns0:Num>SEC. 37.</ns0:Num>
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Section 1524 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Num>1524.</ns0:Num>
<ns0:LawSectionVersion id="id_0AA8A6BE-CDBF-4E5E-BF6E-E774C1DFFB26">
<ns0:Content>
<html:p>A license shall be forfeited by operation of law if one of the following occurs:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The licensee sells or otherwise transfers the facility or facility property, except if change of ownership applies to transferring of stock if the facility is owned by a corporation, and if the transfer of stock does not constitute a majority change of ownership.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The licensee surrenders the license to the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The licensee moves a facility from one location to another. The department shall develop regulations to ensure that the facilities are not charged a full licensing fee and do not have to complete the entire application process if
applying for a license for the new location.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision does not apply to a licensed foster family
home. If a foster family home licensee moves to a new location, the existing license may be transferred to the new location. All caregivers to whom this paragraph applies shall be required to meet all applicable licensing laws and regulations at the new location.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The licensee dies. If an adult relative notifies the department of the relative’s desire to continue operation of the facility and submits an application, the department shall expedite the application. The department shall promulgate regulations for expediting applications submitted pursuant to this subdivision.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The licensee abandons the facility.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If the certification issued by the State Department of Developmental Services to a licensee of an Adult Residential Facility for Persons with Special Health Care Needs or a Group Home for Children with Special Health Care Needs, licensed pursuant to Article 9 (commencing with Section 1567.50), is rescinded.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If the certification issued by the State Department of Developmental Services to a licensee of an enhanced behavioral supports home, licensed pursuant to Article 9.5 (commencing with Section 1567.61), is rescinded.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If the certificate of program approval issued by the State Department of Developmental Services, pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5 of the Welfare and Institutions Code, to a licensee of a community crisis home, licensed pursuant to Article 9.7
(commencing with Section 1567.80), is rescinded.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A group home license shall be forfeited by operation of law if the licensee transitions the entire group home facility to a short-term residential therapeutic program and receives a permanent short-term residential therapeutic program license.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a group home license shall not be forfeited if the department approves the licensee to operate a short-term residential therapeutic program in an identifiable and physically separate unit on the same grounds.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A group home license issued to a county shall be forfeited by operation of law if the county receives a license to operate a temporary shelter care facility in accordance with Section 1530.8.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
A temporary shelter care facility license issued to a private, nonprofit organization under contract with a county shall be forfeited by operation of law upon termination of the contract in accordance with Section 1530.8.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6D262F62-63B3-4732-A48A-8892DEAB1EA4">
<ns0:Num>SEC. 38.</ns0:Num>
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Section 1524.01 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F658A58E-3844-4B9B-A03B-77A11AD821F8">
<ns0:Num>1524.01.</ns0:Num>
<ns0:LawSectionVersion id="id_07FC7A49-3F70-451A-9EAF-1C6F4AE590FB">
<ns0:Content>
<html:p>A resource family approval shall be forfeited by operation of law when one of the following occurs:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The resource family surrenders the approval to the licensed foster family agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The sole resource family parent dies.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The resource family abandons the approved home.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The resource family fails to cooperate with a biennial update, as described in subparagraph (G) of paragraph (3) of
subdivision (b) of Section 1517, within 30 days of the date of written notice by the licensed foster family agency.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A resource family approval is forfeited by operation of law, as provided in Section 1517.5 of this code or Section 16519.58 of the Welfare and Institutions Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_2ED715F6-82F5-4EAE-82E6-5E62C2EA9982">
<ns0:Num>SEC. 39.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1527.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1527 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_7A3A8860-D84F-454C-9819-AA5606D94821">
<ns0:Num>1527.</ns0:Num>
<ns0:LawSectionVersion id="id_0C68EEC0-21FD-4E06-8089-D290F836AD1E">
<ns0:Content>
<html:p>As used in this article:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Aircraft” includes, but is not limited to, any airplane, glider, or hot air balloon.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Bodily injury” means any bodily injury, sickness, or disease sustained by any person including death at any time resulting therefrom.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Foster child” means a person under 19 years of age who has been placed in the care and supervision of
a foster parent, as defined in subdivision (d).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Foster parent” or “foster parents” means the person or persons, and including their spouse if the spouse is a resident of the same household, providing care and supervision to a foster child placed in any of the following home-based family settings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A licensed foster family home or licensed small family home, as defined in Section 1502.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On or after January 1, 2019, an approved resource family, as defined in Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
On or after January 1, 2020, a tribally approved home, as defined in Section 224.1 of the Welfare and Institutions Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
On or after January 1, 2028, an approved kinship family, as defined in Section 16519.4 of the
Welfare and Institutions Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Occurrence” means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or personal injury neither expected nor intended by the foster parent. Multiple incidents of a general course of conduct shall be considered one occurrence, regardless of the period of time during which the acts transpired.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Motor vehicle” means an automobile, motorcycle, moped, midget automobile, including the type commonly referred to as a kart, go-kart, speedmobile, or by a comparable name whether commercially built or otherwise, trailer or semitrailer designed for travel on public roads, including any machinery or apparatus attached thereto, or snowmobile.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Personal injury” means any injury to the feelings or reputation of any
person or organization arising out of libel, slander, defamation, or disparagement, wrongful eviction, or entry.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Property damage” means any physical injury to, or destruction of, tangible property, including the loss of use thereof at any time resulting therefrom.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Watercraft” includes, but is not limited to, any boat, ship, raft, or canoe, whether motorized or not.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_72F7ED25-52D4-417A-8C31-6897F69C81B3">
<ns0:Num>SEC. 40.</ns0:Num>
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Section 1527.1 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_919B06FF-F626-4D56-B83D-53F136C77216">
<ns0:Num>1527.1.</ns0:Num>
<ns0:LawSectionVersion id="id_BC756958-E9D6-4BD9-AD1B-744AC4A44DCF">
<ns0:Content>
<html:p>There is hereby established the Foster Family Home and Small Family Home Insurance Fund within the State Department of Social Services. The fund shall consist of all moneys appropriated by the Legislature. The department may contract with another state agency to set up and operate the fund and perform other administrative functions that may be necessary to carry out the intentions of this article. The purpose of the fund is to pay, on behalf of foster family homes and small family homes, as defined in Section 1502, on or after January 1, 2019, approved resource families, as defined in Section 16519.5 of the Welfare and Institutions Code, on or after January
1, 2020, tribally approved homes,
and on or after January 1, 2028, approved kinship families, as defined in Section 16519.4 of the Welfare and Institutions Code, valid claims of foster children, their parents, guardians, or guardians ad litem resulting from occurrences peculiar to the foster care relationship and the provision of foster care services. The fund may sue and be sued.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_91318DAF-B292-452E-B338-2DC51AEAF8F4">
<ns0:Num>SEC. 41.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1527.2.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1527.2 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4EC62666-6D28-4F02-81D3-CD10B4334C36">
<ns0:Num>1527.2.</ns0:Num>
<ns0:LawSectionVersion id="id_4CE20CFB-EBE4-4468-A1F7-9F7A5D0347CC">
<ns0:Content>
<html:p>The fund, subject to this article, shall pay, on behalf of foster family homes, small family homes, on and after January 1, 2019, approved resource families, on or after January 1, 2020, tribally approved homes, and, on or after January 1, 2028, approved kinship families, any claims of foster children, their parents, guardians, or guardians ad litem for damages arising from, and peculiar to, the foster care relationship and the provision of
foster care services, or shall reimburse foster family homes, small family homes, approved resource families, tribally approved homes, and county-approved kinship families, for those damages.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_831FB92F-AA5B-4CFF-A32D-E317C8694C3F">
<ns0:Num>SEC. 42.</ns0:Num>
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Section 1527.4 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_705714F6-0A89-4CAA-BEDC-538009D38DF5">
<ns0:Num>1527.4.</ns0:Num>
<ns0:LawSectionVersion id="id_96748D0D-1EF0-4FBC-958D-BFCF79EFDAB9">
<ns0:Content>
<html:p>Notwithstanding any other provision of this article, the fund shall not be liable for damages in excess of three hundred thousand dollars ($300,000) for any single foster family home, small family home, on and after January 1, 2019, approved resource family, on or after January 1, 2020, tribally approved homes, or, on or after January 1, 2028, county-approved kinship families, for all claims arising due to one or more occurrences during any consecutive 12-month period. The fund shall be liable only once for damages arising from one
occurrence.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_94C1D725-3A7E-4593-9077-8B5B871C9440">
<ns0:Num>SEC. 43.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1527.5.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1527.5 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6C856A95-44ED-4F2E-9213-03E217CAFB86">
<ns0:Num>1527.5.</ns0:Num>
<ns0:LawSectionVersion id="id_9FB43C39-3E51-4AB2-80EE-8D32E21D47D0">
<ns0:Content>
<html:p>The fund shall be liable, if a claim is approved, to pay on behalf of each licensed foster family home, small family home, on or after January 1, 2019, approved resource family, on or after January 1, 2020, tribally approved home, or, on or after January 1, 2028, county-approved kinship family, all sums which the foster family home, small family home, approved resource family,
tribally approved
home, or county-approved kinship family is obligated to pay as a result of a valid claim of bodily injury or personal injury arising out of the activities of a foster parent or foster parents, which occurs while the foster child resides in the foster parent’s home. Claims specified in this section of a foster child or a parent, guardian, or guardian ad litem of a foster child shall be the sole responsibility of the fund.</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B0C14578-466A-4042-8860-465B600605FF">
<ns0:Num>SEC. 44.</ns0:Num>
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Section 1530.5 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_A60BCDFA-5DCC-4C5E-AAC9-F2397FF2D388">
<ns0:Num>1530.5.</ns0:Num>
<ns0:LawSectionVersion id="id_72118A3E-AFF9-4C05-9971-6CC2BFD2BDF6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department, in establishing regulations, including provisions for periodic inspections, under this chapter for foster family homes and resource family homes of foster family agencies, shall consider these homes as private residences, and shall establish regulations for these foster family homes, and resource family homes of foster family agencies as an entirely separate regulation package from regulations for all other community care facilities.
Foster family homes shall not be subject to civil penalties pursuant to this chapter, except for penalties imposed pursuant to Sections 1522 and 1547. Resource family homes of foster family agencies shall not be subject to civil penalties pursuant to this chapter, as specified in Section 16519.54 of the Welfare and Institutions Code. The department, in adopting and amending regulations for these foster family homes of foster family agencies, shall consult with foster parent and foster family agency organizations in order to ensure compliance with the requirement of this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section shall not apply to small family homes or foster family agencies as defined in Section 1502.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E261D9AD-8ECF-4D90-9BEA-A5E4E0370824">
<ns0:Num>SEC. 45.</ns0:Num>
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Section 1530.7 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E73CBF27-4D3E-4086-8F68-1346B6173956">
<ns0:Num>1530.7.</ns0:Num>
<ns0:LawSectionVersion id="id_5C6D0D1F-B71C-42A4-9A38-87DC49205D65">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A licensed children’s residential facility shall maintain a smoke-free environment in the facility.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A person who is licensed or approved pursuant to this chapter to provide residential care in a foster family home or resource family home shall not smoke a tobacco product or permit any other person to smoke a tobacco product inside
the home, and, when the child is present, on the outdoor grounds of the home.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A person who is licensed or approved pursuant to this chapter to provide residential foster care shall not smoke a tobacco product in any motor vehicle that is regularly used to transport a child.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For purposes of this section, “smoke” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, “tobacco product” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions
Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9F697968-61A2-4307-AE2B-0E97D619C7DE">
<ns0:Num>SEC. 46.</ns0:Num>
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Section 1536 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_19B26BB9-563F-453D-989B-63D32F6C50AD">
<ns0:Num>1536.</ns0:Num>
<ns0:LawSectionVersion id="id_4DFCC7AF-2973-46CA-8367-B9EF4883EBEE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At least annually, the department shall publish and make available to interested persons a list or lists covering all licensed community care facilities and the services for which each facility has been licensed or issued a special permit.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For a group home, transitional housing placement provider, community treatment facility, youth homelessness prevention center, temporary shelter care facility, transitional shelter care facility, or short-term residential therapeutic program, the list shall include both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The number of licensing complaints, types of complaints, and outcomes of complaints, including citations, fines, exclusion orders, license
suspensions, revocations, and surrenders.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The number, types, and outcomes of law enforcement contacts made by the facility staff or children, as reported pursuant to subdivision (a) of Section 1538.7.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision does not apply to foster family homes or resource families.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
To
protect the personal privacy of foster family
homes, kinship families, and resource families and to preserve the security and confidentiality of the placements in the homes, the names, addresses, and other identifying information of foster family homes, kinship families, and resource families shall be considered personal information for purposes of the
Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except as necessary for administering the licensing program, facilitating the placement of children in these facilities, and providing names and addresses, upon request, only to bona fide professional foster parent organizations and to professional organizations educating foster parents, including the Foster and Kinship Care Education Program of the California Community Colleges.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department may issue a citation and, after the issuance of that citation, may assess a civil penalty of fifty dollars ($50) per day for each instance of a foster family agency’s failure to provide the department with a log of resource families that were approved or had approval rescinded during the month by the 10th day of the following month.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The Legislature
encourages the department, if funds are available for this purpose, to develop a database that would include all of the following information:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Monthly reports by a foster family agency regarding resource families.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A log of approved resource families and resource families for which approval was rescinded, provided by a foster family agency to the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notification
by a foster family agency to the department informing the department of a foster family agency’s determination to
rescind the approval of a resource family due to any of the following actions by the resource family:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Violating licensing rules and regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Aiding, abetting, or permitting the violation of licensing rules and regulations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Engaging in conduct that poses a risk or threat to the health and safety, protection, or well-being of a child or nonminor dependent.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Being convicted of a crime while a resource family.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Knowingly allowing any child to have illegal drugs or alcohol.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Committing an act of child abuse or neglect or an act of violence against another person.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
At least annually, the department shall post on its internet website a statewide summary of the information gathered pursuant to Sections 1538.8 and 1538.9. The summary shall include only deidentified and aggregate information that does not violate the confidentiality of a child’s identity and records.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6044CF14-C846-4473-874B-9765450463FF">
<ns0:Num>SEC. 47.</ns0:Num>
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Section 1536.2 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_A527C238-306C-44B5-BFCF-49C6AE83559E">
<ns0:Num>1536.2.</ns0:Num>
<ns0:LawSectionVersion id="id_80B2C618-17DC-4D2D-84FB-4E543AABE4B3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When a placement agency has placed a child with a foster family agency for subsequent placement with a resource family, the foster family agency shall ensure placement of the child in a home that best meets the needs of the child.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A home that best meets the needs of the child shall satisfy all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The child’s caregiver is able to meet the health, safety, and well-being needs of the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The child’s caregiver is permitted to maintain the least restrictive and most family-like
environment that serves the needs of the child.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The child is permitted to engage in reasonable, age-appropriate, day-to-day activities that promote the most family-like environment for the foster child.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The foster child’s caregiver shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04 of the Welfare and Institutions Code, to determine activities that are age-appropriate and meet the needs of the child. Nothing in this section shall be construed to permit a child’s caregiver to permit the child to engage in activities that carry an unreasonable risk of harm, or subject the child to abuse or neglect.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5C73BB63-9916-448A-A41D-E3DB05CC9C0E">
<ns0:Num>SEC. 48.</ns0:Num>
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Section 1538 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_29245E81-990D-47D5-918B-ED6A97D09D04">
<ns0:Num>1538.</ns0:Num>
<ns0:LawSectionVersion id="id_4CAD65D4-2250-4086-A959-70EBC6B8E96D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any person may request an inspection of any community care facility, or resource family of a foster family agency, in accordance with this chapter by transmitting to the state department notice of an alleged violation of applicable requirements prescribed by statutes or regulations of this state, including, but not limited to, a denial of access of any person authorized to enter the facility pursuant to Section 9701 of the Welfare and Institutions Code. A complaint may be made either orally or in writing.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The substance of the complaint shall be provided to the licensee,
or resource family and foster family agency, no earlier than at the time of the inspection. Unless the complainant specifically requests otherwise, neither the substance of the complaint provided to the licensee, or resource family and foster family agency, nor any copy of the complaint or any record published, released, or otherwise made available to the licensee, or resource family and foster family agency, shall disclose the name of any person mentioned in the complaint except the name of any duly authorized officer, employee, or agent of the state department conducting the investigation or inspection pursuant to this chapter.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon receipt of a complaint, other than a complaint
alleging denial of a statutory right of access to a community care facility,
or resource family of a foster family agency, the state department shall make a preliminary review and, unless the state department determines that the complaint is willfully intended to harass a licensee or resource family, or is without any reasonable basis, it shall make an onsite inspection of the community care facility or resource family home within 10 days after receiving the complaint, except where a visit would adversely affect the licensing investigation or the investigation of other agencies. In either event, the complainant shall be promptly informed of the state department’s proposed course of action.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the department determines that the complaint is intended to harass, is without a reasonable basis, or, after a site inspection, is unfounded, then the complaint and any
documents related to it shall be marked confidential and shall not be disclosed to the public. If the complaint investigation included a site visit, the licensee or resource family and foster family agency shall be notified in writing within 30 days of the dismissal that the complaint has been dismissed.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Upon receipt of a complaint alleging denial of a statutory right of access to a community care
facility or resource family home of a foster family agency, the department shall review the complaint. The complainant shall be notified promptly of the department’s proposed course of action.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Upon receipt of a complaint concerning the care of a client in an Adult Residential Facility for Persons with Special Health Care Needs or a Group Home for Children with Special Health Care Needs licensed pursuant to Article 9 (commencing with Section 1567.50), the department shall notify the appropriate regional center and the State Department of Developmental Services for the purposes of investigating the complaint.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Upon receipt of a complaint concerning the vendorization of an Adult Residential Facility for Persons with Special Health Care Needs or a Group Home for Children with Special Health Care Needs, the department shall notify the State
Department of Developmental Services for purposes of investigating the complaint.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CBFD0C01-7175-4AA0-8F9A-0A66E9169770">
<ns0:Num>SEC. 49.</ns0:Num>
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Section 1558 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8947E265-DE3E-48CF-904A-F90A128E4120">
<ns0:Num>1558.</ns0:Num>
<ns0:LawSectionVersion id="id_FFDDC2CA-626F-4DF4-B5D8-87B52F52CD93">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department may prohibit any person from being a member of the board of directors, an executive director, or an officer of a licensee, or a licensee from employing, or continuing the employment of, or allowing in a licensed facility or resource family home, or allowing contact with clients of a licensed facility or approved home by, any employee, prospective employee, or person who is not a client who
has:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Violated, or aided or permitted the violation by any other person of, any provisions of this chapter or of any rules or regulations promulgated under this chapter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Engaged in conduct that is inimical to the health, morals, welfare, or safety of either the people of this state or an individual in, or receiving services from, the facility or approved home.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Been denied an exemption to work or to be present in a facility or
approved home, when that person has been convicted of a crime, as defined in Section 1522.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Engaged in any other conduct that would constitute a basis for disciplining a licensee or resource family.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Engaged in acts of financial malfeasance concerning the operation of a facility or approved home, including, but not limited to, improper use or embezzlement of client moneys and property or fraudulent appropriation for
personal gain of facility moneys and property, or willful or negligent failure to provide services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The excluded person, the facility or
resource family home, and the licensee, as applicable, shall be given written notice of the basis of the department’s action and of the excluded person’s right to an appeal. The notice shall be served either by personal service or by registered mail. Within 15 days after the department serves the notice, the excluded person may file with the department a written appeal of the exclusion order. If the excluded person fails to file a written appeal within the prescribed time, the department’s action shall be final.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department may require the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee,
prospective employee, or person who is not a client from a facility or resource family home pending a final decision of the matter, when, in the opinion of the director, the action is necessary to protect residents or clients from physical or mental abuse, abandonment, or any other substantial threat to their health or safety.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the department requires the immediate removal of a member of the board of directors, an executive director, or an officer of a licensee or exclusion of an employee, prospective employee, or person who is not a client from a facility or
resource family home, the department shall serve an order of immediate exclusion upon the excluded person that shall notify the excluded person of the basis of the department’s action and of the excluded person’s right to a hearing.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Within 15 days after the department serves an order of immediate exclusion, the excluded person may file a written appeal of the exclusion with the department. The department’s action shall be final if the excluded person does not appeal the exclusion within the prescribed time. The department shall do both of the following upon receipt of a written appeal:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Within 30 days of receipt of the appeal, serve an accusation upon the excluded person.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Within 60 days of receipt of a notice of defense pursuant to Section 11506 of the Government Code
by the excluded person to conduct a hearing on the accusation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An order of immediate exclusion of the excluded person from the facility or
resource family home shall remain in effect until the hearing is completed and the director has made a final determination on the merits. However, the order of immediate exclusion shall be deemed vacated if the director fails to make a final determination on the merits within 60 days after the original hearing has been completed.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An excluded person who files a written appeal with the department pursuant to this section shall, as part of the written request, provide their current mailing address. The excluded person shall subsequently notify the department in writing of any change in mailing address, until the hearing process has been completed or terminated.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Hearings held pursuant to this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Division 3 of Title 2 of the Government Code. The
standard of proof shall be the preponderance of the evidence and the burden of proof shall be on the department.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department may institute or continue a disciplinary proceeding against a member of the board of directors, an executive director, or an officer of a licensee or an employee, prospective employee, or person who is not a client upon any ground provided by this section. The department may enter an order prohibiting any person from being a member of the board of directors, an executive director, or an officer of a licensee or prohibiting the excluded person’s employment or presence in the facility or resource family home, or otherwise take disciplinary action against the excluded person, notwithstanding any resignation, withdrawal
of employment application, or change of duties by the excluded person, or any discharge, failure to hire, or reassignment of the excluded person by the licensee or that the excluded person no longer has contact with clients at the facility or approved home.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A licensee’s or resource family’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for disciplining the licensee or resource
family pursuant to Section
1517 or 1550, as applicable.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In cases in which the excluded person appealed the exclusion order, the person shall be prohibited from employment or presence in any facility, from being licensed to operate any facility licensed by the department, or from
being
approved as a resource family for the remainder of the excluded person’s life, unless otherwise ordered by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The excluded individual may petition for reinstatement one year after the effective date of the decision and order of the department upholding the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the decision and order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In cases in which the department informed the excluded person of their right to appeal the exclusion order and the excluded person did not appeal the exclusion order, the person shall be prohibited from
employment or presence in any facility, from
being licensed to operate any facility licensed by the department, or from being approved as a resource family for the remainder of the excluded person’s life, unless otherwise ordered by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The excluded individual may petition for reinstatement after one year has elapsed from the date of the notification of the exclusion order pursuant to Section 11522 of the Government Code. The department shall provide the excluded person with a copy of Section 11522 of the Government Code with the exclusion
order.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2) of subdivision (a) or subdivision (c) of Section 1550, the department shall take reasonable action, including, but not limited to, prohibiting a person from being a member of the board of directors, an executive director, or an officer of a licensee of a licensed facility or denying an application for, or suspending or revoking, a license, special permit, certificate of approval, or administrator certificate, issued under this chapter, or denying a transfer of a license pursuant to paragraph (2) of subdivision (c) of Section 1524, upon a finding of a violation of subdivision (i) of Section 11166 of the Penal Code.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
For purposes of this section, exclusion, as specified in subdivision (a), shall include exclusion from the home of a
resource family, as defined in Section 1517 of this code and Section 16519.5 of the Welfare and Institutions Code.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_110F4097-A78B-49C0-A404-873EBF50D5EA">
<ns0:Num>SEC. 50.</ns0:Num>
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Section 1559.110 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_2A97487F-9930-4879-AAFE-0B1585770A90">
<ns0:Num>1559.110.</ns0:Num>
<ns0:LawSectionVersion id="id_F19A8F00-CF6F-4404-992C-0DBF9B299866">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The State Department of Social Services shall license transitional housing placement providers pursuant to this chapter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A transitional housing placement provider may operate either of the following programs, as described in Section 16522.1 of the Welfare and Institutions Code:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A Transitional Housing Placement program for participants who are minor foster children.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A Transitional Housing Placement program for participants who are nonminor dependents.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Before licensure, a transitional housing placement provider shall obtain
program certification from the applicable county, in accordance with Section 16522.1 of the Welfare and Institutions Code. For purposes of this paragraph, “applicable county” means the county in which the administrative office or subadministrative office of a transitional housing placement provider is located, or a primary placing county.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Transitional housing placement providers shall provide supervised transitional housing services to foster children who are at least 16 years of age.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Transitional housing placement providers shall certify that housing units are adequate, safe, and sanitary.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Transitional housing units shall include any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A host family with whom a participant lives in an apartment, single-family dwelling,
or condominium owned, rented, or leased by the host family, with supervised transitional housing services provided by the licensed transitional housing placement provider.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For a transitional housing placement program serving minor foster children, the host family shall be certified by a transitional housing placement provider.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For a transitional housing placement program serving nonminor dependents, the host family may be a resource family approved by a foster family agency pursuant to Section 16519.5 of the Welfare and Institutions Code and concurrently certified pursuant to subparagraph (A) of
paragraph (4) of subdivision (a) of Section 1506, a kinship family approved by a county pursuant to Section 16519.4 of the Welfare and Institutions Code, a resource family approved by a county pursuant to Section 16519.5 of the Welfare and Institutions Code, a licensed foster family home, an approved relative caregiver, or a nonrelative extended family member of a participant.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A resource family, licensed foster family home, approved relative caregiver, or nonrelative extended family member operating as a host family pursuant to clause (i) does not require additional certification by the transitional housing placement provider pursuant to subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A
staffed site in which a participant lives in an apartment, single-family dwelling, or condominium owned, rented, or leased by a transitional housing placement provider either with an adult employee of the provider who provides supervision or in a building in which one or more adult employees of the provider reside and provide supervision.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A remote site in which a participant lives independently in an apartment, single-family dwelling, or condominium owned, rented, or leased by a transitional housing placement provider under the supervision of the provider if the department provides approval. The remote site shall only be available to nonminor dependents.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A transitional housing placement provider may cosign a lease with a nonminor dependent as specified by the department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A
participant shall not be permitted to solely sign a rental or lease agreement.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A transitional housing placement provider’s plan of operation shall include a program statement. The program statement shall contain a description of the core services and supports, as set forth in paragraph (5) of subdivision (b) of Section 11463 of the Welfare and Institutions Code, and as prescribed by the department, to be offered to participants, as appropriate or as necessary.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall adopt regulations to govern transitional housing placement providers licensed pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The regulations shall be age appropriate and recognize that nonminor dependents who are about to exit from the foster care system should be subject to fewer restrictions than those who are foster
children. At a minimum, the regulations shall provide for all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Require programs that serve both minor foster children and nonminor dependents to have separate rules and program design, as appropriate, for these two groups of youth.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Allow nonminor dependents to have the greatest amount of freedom possible in order to prepare them for their transition to adulthood, in accordance with paragraph (1) of subdivision (b) of Section 1502.7.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Maintain a program staffing ratio for minor foster children of case manager to participant not to exceed 1 to 12, inclusive.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Maintain a program staffing ratio for nonminor dependents of case manager to participant not to exceed a shared average caseload of 1 to 12, inclusive, with a
designated lead case manager assigned to each youth.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Allow a nonminor dependent participant to share a bedroom or unit in a transitional housing program with any of the following persons:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Another participant, including a participant sibling or coparent, as approved by the provider.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A participant in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions Code, as approved by the provider.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A nonparticipant roommate, sibling, or coparent, as approved by the provider on a case-by-case basis, as specified by the department.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A provider shall give priority to program participants.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A provider shall allow a current program participant residing within a unit to reject inclusion of a nonparticipant into their existing unit.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The participant’s children.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Any other person as specified by the department.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Allow a minor participant to share a bedroom or unit in a transitional housing placement with any of the following persons:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Another participant, including a participant sibling or coparent, as approved by the provider.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A participant in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions Code, as approved by the provider.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The participant’s children.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A nonparticipant roommate, sibling, or coparent, as approved by the provider on a case-by-case basis, as specified by the department.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A provider shall give priority to program participants.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A provider shall allow a current program participant residing within a unit to reject inclusion of a nonparticipant into their existing unit.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Any other person as specified by the department.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Any adult who is not a participant, including participants in Transitional Housing Program-Plus, as defined in subdivision (s) of Section 11400 of the Welfare and Institutions Code, and who resides
with a participant shall obtain a criminal record clearance or exemption in accordance with Section 1522.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
All counties and program contracts shall allow individual program participants and individuals described in subparagraphs (E) and (F) to share bedrooms, bathrooms, and units together, regardless of gender identity. Counties and program contracts shall allow providers and participants to make best matches to allow for gender flexibility, and shall ensure that decisions about sharing pursuant to this subparagraph are led by the program participant and agreed upon in collaboration with the provider.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A program manager for a Transitional Housing Placement program for nonminor dependents shall have a master’s degree or higher from an accredited or state-approved graduate school, or equivalent education and experience, as determined by the
department.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person who possesses a master’s degree or higher from an accredited or state-approved graduate school in any of the following areas, or equivalent education and experience, as determined by the department, shall be considered to be qualified to perform program manager activities in a Transitional Housing Placement program for nonminor dependents:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Marriage, family, and child counseling.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Child psychology.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Child development.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Counseling psychology.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Social psychology.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Clinical psychology.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Educational psychology.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Education, with emphasis on counseling.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Social work or social welfare.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
An area that includes the counseling or psychotherapy content required for licensure as a Licensed Professional Clinical Counselor, as specified in Sections 4999.32 and 4999.33 of the Business and Professions Code.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
A subject area that is functionally equivalent to those listed in subparagraphs (A) to (J), inclusive, as set forth by the department.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In addition to the degree specifications in subdivision (h), a program manager for a Transitional Housing Placement program for nonminor
dependents shall have a minimum of two years’ experience in a public or private child welfare social services setting or specific experience working with transition age youth who are 16 to 24 years of age, inclusive.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Documentation of the completed education and experience requirements shall be maintained in the personnel file.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A transitional housing placement provider may request an exception, as specified in subdivision (j), for a person who does not meet the requirements specified in this subdivision or subdivision (h).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Persons who were hired as program managers before January 1, 2018, are not required to meet the requirements of this subdivision in order to remain employed as program managers.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A transitional
housing placement provider shall apply to the department, using the process established by the department, to request an exception to the requirements of subdivision (h) or (i) based on completion of equivalent education and experience.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department may grant exceptions to the requirements described in subdivisions (h) and (i) if the person to whom the exception would apply has a baccalaureate degree from an accredited or state-approved college or university.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The department shall approve or deny exceptions to the requirements described in subdivisions (h) and (i) within 30 days of receiving the exception request from the provider.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A case manager for a Transitional Housing Placement program for nonminor dependents shall meet either of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A minimum of a baccalaureate degree in any of the areas specified in paragraph (2) of subdivision (h).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A minimum of a baccalaureate degree in an area not specified in paragraph (2) of subdivision (h) and a minimum of two years’ experience in a public or private child welfare social services setting, or specific experience working with transition age youth who are 16 to 24 years of age, inclusive.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Documentation of the completed education and experience requirements shall be maintained in the personnel file.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Persons who were hired as case managers before January 1, 2018, are not required to meet the requirements of this subdivision in order to remain employed as a case manager.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A transitional housing placement provider shall apply to the department, using the process established by the department, to request an exception to the requirements of subparagraph (A) or (B) of paragraph (1) based on completion of equivalent education and experience shall apply to the department using the process established by the department.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific the changes made by the act that added this subdivision by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of
regulations.
</html:p>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_62AF9725-2209-46EF-BB4B-317974C0560A">
<ns0:Num>SEC. 51.</ns0:Num>
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Section 1568.26 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_64DED61E-7572-4610-ACC2-1E755AFF34A1">
<ns0:Num>1568.26.</ns0:Num>
<ns0:LawSectionVersion id="id_83939D19-7D7F-4814-884F-7C61E5B25724">
<ns0:Content>
<html:p>A license shall be forfeited by operation of law when one of the following occurs:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The licensee sells or otherwise transfers the medical foster home for veterans or medical foster home for veterans property.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The licensee surrenders the license to the department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The licensee moves a medical foster home for veterans from one location to another. The department shall develop rules, regulations, or written directives to ensure that a medical foster home for veterans is not charged a full licensing fee and does not have to complete the entire application process when applying for a license for the new location.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The licensee dies.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A licensee abandons a medical foster home for veterans. A licensee who abandons a medical foster home for veterans and the veteran residents in care, resulting in an immediate and substantial threat to the health and safety of the abandoned veteran residents, shall, in addition to forfeiture of the license pursuant to this section, be excluded from licensure in any facility licensed by the department or from being a resource family without the right to petition for reinstatement, unless otherwise ordered by the department.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The United States Department of Veterans Affairs revokes its approval of a medical foster home for veterans in accordance with Section 17.71 of Title 38 of the
Code of Federal Regulations.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A1414D8E-C583-4D9C-BB4C-6A54E8505FB5">
<ns0:Num>SEC. 52.</ns0:Num>
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Section 115725 of the
<ns0:DocName>Health and Safety Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_03F299D3-B6B9-46D4-B47A-12E5DA3ECDCD">
<ns0:Num>115725.</ns0:Num>
<ns0:LawSectionVersion id="id_EE9582A4-64CA-41F9-A019-DCCFD24179E8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
All new playgrounds open to the public built by a public agency or any other entity shall conform to the playground-related standards set forth by the American Society for Testing and Materials and the playground-related guidelines set forth by the United States Consumer Product Safety Commission.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Replacement of equipment or modification of components inside existing playgrounds shall conform to the playground-related standards set forth by the American Society for Testing and Materials and the playground-related guidelines set forth by the United States Consumer Product Safety Commission.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
All public agencies operating playgrounds and all other entities operating playgrounds open to the
public shall have a playground safety inspector, certified by the National Playground Safety Institute, conduct an initial inspection for the purpose of aiding compliance with the requirements set forth in subdivision (a) or (b), as applicable. Any inspection report may serve as a reference when the upgrades are made, but is not intended for any other use.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Playgrounds installed between January 1, 1994, and December 31, 1999, shall conform to the playground-related standards set forth by the American Society for Testing and Materials and the playground-related guidelines set forth by the United States Consumer Product Safety Commission not later than 15 years after the date those playgrounds were installed.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, all of the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An “entity operating a playground
open to the public” includes, but is not limited to, a church, subdivision, hotel, motel, resort, camp, office, hospital, shopping center, day care setting, and restaurant. An “entity operating a playground open to the public” shall not include a licensed children’s residential facility, resource family of a licensed foster family agency, kinship family or resource family approved by a county, or licensed family child care home, which is regulated to meet child safety requirements enforced by the State Department of Social Services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Playground” means an improved outdoor area designed, equipped, and set aside for children’s play that is not intended for use as an athletic playing field or athletic court, and shall include any
playground equipment, fall zones, surface materials, access ramps, and all areas within and including the designated enclosure and barriers.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Operators of playgrounds in child care centers regulated by the California Department of Social Services (CDSS) pursuant to Title 22 of Division 12 of Chapter 1 of the California Code of Regulations and facilities operated for the developmentally disabled, shall comply with the requirements established in this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
No state funding shall be available for the planning, development, or redevelopment of any playground, unless the playground, after completion of the state-funded project, will conform to the requirements of subdivision (a) or (b), as applicable. However, where state funds have been appropriated to, or allocated for, a playground project prior to the effective date of this section but the
section becomes effective prior to the completion of the project, that funding shall be maintained, as long as the playground is altered to conform to the requirements of subdivision (a) or (b), as applicable, to the extent the alterations can be made without adding significantly to the project cost.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
After the date by which an entity is required to conform its playground to satisfy requirements of this section, no state funding shall be available for the operation, maintenance, or supervision of the playground unless the playground conforms to the applicable requirements of the section.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_5F42F99B-A010-4703-9782-A2BDF65A57A6">
<ns0:Num>SEC. 53.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:INS:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'11.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'676.7.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 676.7 of the
<ns0:DocName>Insurance Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_136FACB3-C92A-4865-9D10-68620DBFFD09">
<ns0:Num>676.7.</ns0:Num>
<ns0:LawSectionVersion id="id_BB7DF819-C58E-4975-BE9A-3451E43C06DB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
No admitted insurer, licensed to issue and issuing homeowner’s or tenant’s policies, as described in Section 122, shall (1) fail or refuse to accept an application for that insurance or to issue that insurance to an applicant or (2) cancel that insurance, solely on the basis that the applicant or policyholder is engaged in foster home activities in a licensed foster family home or licensed small family home, as defined in Section 1502 of the Health and Safety Code, a tribally approved home, as defined in Section 224.1 of the Welfare and Institutions Code, an approved kinship family, as defined in Section 16516.4 of the Welfare and Institutions Code, or an approved resource family, as defined in Section 16519.5 of the
Welfare and Institutions Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Coverage under policies described in subdivision (a) with respect to a foster child shall be the same as that provided for a natural child. However, unless specifically provided in the policy, there shall be no coverage expressly provided in the policy for any bodily injury arising out of the operation or use of any motor vehicle, aircraft, or watercraft owned or operated by, or rented or loaned to, any foster parent.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
It is against public policy for a policy of homeowner’s or tenant’s insurance subject to this section to provide liability coverage for any of the following losses:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Claims of a foster child, or a parent, guardian, or guardian ad litem thereof, of a type payable by the Foster Family Home and Small Family Home Insurance Fund established by Section 1527.1 of the
Health and Safety Code, regardless of whether the claim is within the limits of coverage specified in Section 1527.4 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An insurer shall not be liable, under a policy of insurance subject to this section, to any governmental agency for damage arising from occurrences peculiar to the foster care relationship and the provision of foster care services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Alienation of affection of a foster child.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any loss arising out of licentious, immoral, or sexual behavior on the part of a foster parent intended to lead to, or culminating in, any sexual act.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Any loss arising out of a dishonest, fraudulent, criminal, or intentional act.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
There shall be no penalty for violations of this section prior to January 1, 1987.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Insurers may provide a special endorsement to a homeowners’ or tenants’ policy covering claims related to foster care that are not excluded by subdivision (c).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Insurers may provide by a separate policy for some or all of the claims related to foster care that are excluded by subdivision (c).
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_3C59ED49-D59D-4328-AE85-E74EDD0044F4">
<ns0:Num>SEC. 54.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11105.2.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Amended by Stats. 2023, Ch. 190, Sec. 9. [id_cc5402a3-532f-11ee-9458-e9c74b561004]">
Section 11105.2 of the
<ns0:DocName>Penal Code</ns0:DocName>
, as amended by Section 9 of Chapter 190 of the Statutes of 2023, is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A985CA2D-EB7C-4B3D-9348-4DD7CE0F09BA">
<ns0:Num>11105.2.</ns0:Num>
<ns0:LawSectionVersion id="id_6C12793A-BFB2-49B0-BCC5-6BFC3215E990">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Department of Justice shall provide to the State Department of Social Services, the Medical Board of California, and the Osteopathic Medical Board of California, pursuant to state or federal law authorizing those departments to receive state or federal summary criminal history information, and may provide to any other entity authorized by state or federal law to receive state or federal summary criminal history information, subsequent state or federal arrest or disposition notification to assist in fulfilling employment, licensing, or certification duties, or the duties of approving relative caregivers, nonrelative extended family members, kinship families, and resource families upon the
arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. The Department of Justice is authorized to submit fingerprints to the Federal Bureau of Investigation where the fingerprints will be retained for the purpose of being searched by future submissions to the Federal Bureau of Investigation, including latent fingerprint searches. The Department of Justice is authorized to search latent print images against all retained fingerprint submissions. This section does not authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. If the department supplies subsequent arrest or disposition notification to a receiving
entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. If the copy is not furnished in person, the copy shall be delivered to the last contact information provided by the applicant.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Department of Justice is authorized to collect all fees related to subsequent notification services from eligible entities who may participate and remit collected fees to the Federal Bureau of Investigations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An entity that submits the fingerprints of applicants for licensing, employment, or certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions pursuant to paragraph (1) shall comply with
subdivision (d).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, “approval” means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a nonrelative extended family member for placement of a child supervised by the juvenile court, and those duties in Sections 16519.4 and 16519.5 of the Welfare and Institutions Code for kinship families and resource families, respectively.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An entity, other than a law enforcement agency employing peace officers as defined in Section 830.1, subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section 830.3, subdivisions (a) and (b) of Section 830.5, and subdivision (a) of Section 830.31, shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An entity that submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicant’s license or certificate is revoked, when
the applicant may no longer renew or reinstate the license or certificate, or when a relative caregiver’s or nonrelative extended family member’s approval is terminated. The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An entity that receives a notification of a state or federal subsequent arrest or disposition for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately return the subsequent notification to the Department of Justice, informing the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
An entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
An entity that fails to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed
in subdivision (c) of Section 830.5.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F56A2EF1-338C-4013-9049-4FBDABAAB89E">
<ns0:Num>SEC. 55.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:PEN:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11105.2.'%5D)" ns3:label="fractionType: LAW_SECTION||version: Added by Stats. 2025, Ch. 113, Sec. 37. [id_ea496809-94c6-11f0-b924-ab4989f102ab]">
Section 11105.2 of the
<ns0:DocName>Penal Code</ns0:DocName>
, as added by Section 37 of Chapter 113 of the Statutes of 2025, is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F2091E83-FD01-48C1-BC21-F1F49CEEF6ED">
<ns0:Num>11105.2.</ns0:Num>
<ns0:LawSectionVersion id="id_A422E39B-3DBE-4298-87AA-57796C14D621">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Department of Justice may provide to any entity authorized by state or federal law to receive state or federal summary criminal history information, subsequent state or federal arrest or disposition notification to assist in fulfilling employment, licensing, or certification duties, or the duties of approving relative caregivers, nonrelative extended family members, kinship families, and resource families upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval. The Department of Justice is authorized to
submit fingerprints to the Federal Bureau of Investigation where the fingerprints will be retained for the purpose of being searched by future submissions to the Federal Bureau of Investigation, including latent fingerprint searches. The Department of Justice is authorized to search latent print images against all retained fingerprint submissions. This section does not authorize the notification of a subsequent disposition pertaining to a disposition that does not result in a conviction, unless the department has previously received notification of the arrest and has previously lawfully notified a receiving entity of the pending status of that arrest. If the department supplies subsequent arrest or disposition notification to a receiving entity, the entity shall, at the same time, expeditiously furnish a copy of the information to the person to whom it relates if the information is a basis for an adverse employment, licensing, or certification decision. If the copy is not furnished in person, the copy shall
be delivered to the last contact information provided by the applicant.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Department of Justice is authorized to collect all fees related to subsequent notification services from eligible entities who may participate and remit collected fees to the Federal Bureau of Investigations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An entity that submits the fingerprints of applicants for licensing, employment, or certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to receive notification of subsequent state or federal arrests or dispositions pursuant to paragraph (1) shall comply with subdivision (d).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Department of Justice shall provide to the State Department of Social Services, the Medical Board of California, and the Osteopathic Medical Board of California, pursuant to state or
federal law authorizing those departments to receive state or federal summary criminal history information subsequent state or federal arrest or disposition notification to assist in fulfilling employment, licensing, or certification duties, or the duties of approving relative caregivers, nonrelative extended family members, and resource families upon the arrest or disposition of any person whose fingerprints are maintained on file at the Department of Justice or the Federal Bureau of Investigation as the result of an application for licensing, employment, certification, or approval.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, “approval” means those duties described in subdivision (d) of Section 309 of the Welfare and Institutions Code for approving the home of a relative caregiver or of a nonrelative extended family member for placement of a child supervised by the juvenile court, and those duties in
Sections 16519.4 and 16519.5 of the Welfare and Institutions Code for kinship families and resource families, respectively.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
An entity shall enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An entity that submits the fingerprints of applicants for licensing, employment, certification, or approval to the Department of Justice for the purpose of establishing a record of the applicant to
receive notification of subsequent state or federal arrests or dispositions shall immediately notify the department when the employment of the applicant is terminated, when the applicant’s license or certificate is revoked, when the applicant may no longer renew or reinstate the license or certificate, or when a relative caregiver’s or nonrelative extended family member’s approval is terminated. For each volunteer for whom an entity requests notification of subsequent state or federal arrests or dispositions, the entity shall, not less than every six months, verify that each individual for whom the service has not been terminated is still a volunteer with the entity. The Department of Justice shall terminate state or federal subsequent notification on any applicant upon the request of the licensing, employment, certifying, or approving authority.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An entity that receives a notification of a state or federal subsequent arrest or disposition
for a person unknown to the entity, or for a person no longer employed by the entity, or no longer eligible to renew the certificate or license for which subsequent notification service was established shall immediately inform the department that the entity is no longer interested in the applicant. The entity shall not record or otherwise retain any information received as a result of the subsequent notice.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
An entity that submits the fingerprints of an applicant for employment, licensing, certification, or approval to the Department of Justice for the purpose of establishing a record at the department or the Federal Bureau of Investigation to receive notification of subsequent arrest or disposition shall immediately notify the department if the applicant is not subsequently employed, or if the applicant is denied licensing certification, or approval.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
An entity that fails
to provide the Department of Justice with notification as set forth in subdivisions (c), (d), and (e) may be denied further subsequent notification service.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notwithstanding subdivisions (c), (d), and (f), subsequent notification by the Department of Justice and retention by the employing agency shall continue as to retired peace officers listed in subdivision (c) of Section 830.5.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this section, “employment” shall include contract employment and volunteer service.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
This section shall become operative on January 1, 2028.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_96E7AE7B-0E58-42A6-ADF4-6FC5343F5AD3">
<ns0:Num>SEC. 56.</ns0:Num>
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Section 11165.7 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F7C3B23C-F7E6-4167-B654-FF81E1E8C58F">
<ns0:Num>11165.7.</ns0:Num>
<ns0:LawSectionVersion id="id_5BAD8F7F-32AF-4D40-B414-545D6740BF97">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
As used in this article, “mandated reporter” is defined as any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An employee, volunteer, or governing board or body member of a school district, county office of education, charter school, or private school. For purposes of this paragraph, a volunteer is a person who is over 18 years of age and who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An employee, volunteer, or board member of a public or private school, contractor to a school district, county office of education, charter school, state special school or diagnostic center operated by the State Department of Education, or private school
whose duties require contact with or supervision of pupils at that school district, county office of education, charter school, state special school or diagnostic center operated by the State Department of Education, or private school. For purposes of this paragraph, a volunteer is a person who is over 18 years of age and who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An employee or volunteer assigned to a state special school or diagnostic center operated by the State Department of Education. For purposes of this paragraph, a volunteer is a person who is over 18 years of age and who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
[Reserved]
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
[Reserved]
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
An administrator of a public or private day camp.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
An administrator or employee of a public or private youth center, youth recreation program, or youth organization.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
An administrator, board member, or employee of a public or private organization whose duties require direct contact and supervision of children, including a foster family agency.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
[Reserved]
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A licensee, an administrator, or an employee of a licensed child daycare facility or community care facility, except those licensed community care facilities exclusively serving adults and seniors.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
A Head Start program
teacher.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
A licensing worker or licensing evaluator employed by a licensing agency, as defined in Section 11165.11.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
A public assistance worker.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
An employee of a childcare institution, including, but not limited to, foster parents, group home personnel, and personnel of residential care facilities.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
A social worker, probation officer, or parole officer.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
[Reserved]
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
A person who is an administrator or presenter of, or a counselor in, a child abuse prevention program in a public or private school.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
A district attorney investigator,
inspector, or local child support agency caseworker, unless the investigator, inspector, or caseworker is working with an attorney appointed pursuant to Section 317 of the Welfare and Institutions Code to represent a minor.
</html:p>
<html:p>
(19)
<html:span class="EnSpace"/>
A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, who is not otherwise described in this section.
</html:p>
<html:p>
(20)
<html:span class="EnSpace"/>
A firefighter, except for volunteer firefighters.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
An emergency medical technician I or II, paramedic, or other person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code.
</html:p>
<html:p>
(23)
<html:span class="EnSpace"/>
A psychological assistant registered pursuant to Section 2913 of the Business and Professions Code.
</html:p>
<html:p>
(24)
<html:span class="EnSpace"/>
A marriage and family therapist trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code.
</html:p>
<html:p>
(25)
<html:span class="EnSpace"/>
An unlicensed associate marriage and family therapist registered under Section 4980.44 of the Business and Professions Code.
</html:p>
<html:p>
(26)
<html:span class="EnSpace"/>
A state or county public health employee who treats a minor for venereal disease or any other condition.
</html:p>
<html:p>
(27)
<html:span class="EnSpace"/>
A coroner.
</html:p>
<html:p>
(28)
<html:span class="EnSpace"/>
A medical examiner or other person who performs autopsies.
</html:p>
<html:p>
(29)
<html:span class="EnSpace"/>
A commercial film and photographic print or image processor as specified in subdivision (e) of Section 11166. As used in this article, “commercial film and photographic print or image processor” means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. The term includes any employee of that person; it does
not include a person who develops film or makes prints or images for a public agency.
</html:p>
<html:p>
(30)
<html:span class="EnSpace"/>
A child visitation monitor. As used in this article, “child visitation monitor” means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law.
</html:p>
<html:p>
(31)
<html:span class="EnSpace"/>
An animal control officer or humane society officer. For the purposes of this article, the following terms have the following meanings:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“Animal control officer” means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Humane society officer” means a person appointed or employed by a public or private entity as a humane
officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code.
</html:p>
<html:p>
(32)
<html:span class="EnSpace"/>
A clergy member, as specified in subdivision (d) of Section 11166. As used in this article, “clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization.
</html:p>
<html:p>
(33)
<html:span class="EnSpace"/>
Any custodian of records of a clergy member, as specified in this section and subdivision (d) of Section 11166.
</html:p>
<html:p>
(34)
<html:span class="EnSpace"/>
An employee of any police department, county sheriff’s department, county probation department, or county welfare department.
</html:p>
<html:p>
(35)
<html:span class="EnSpace"/>
An employee or volunteer of a Court Appointed Special Advocate program, as defined in Rule 5.655 of the California Rules of Court.
</html:p>
<html:p>
(36)
<html:span class="EnSpace"/>
A custodial officer, as defined in Section 831.5.
</html:p>
<html:p>
(37)
<html:span class="EnSpace"/>
A person providing services to a minor child under Section 12300 or 12300.1 of the Welfare and Institutions Code.
</html:p>
<html:p>
(38)
<html:span class="EnSpace"/>
An alcohol and drug counselor. As used in this article, an “alcohol and drug counselor” is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. However, alcohol or drug abuse, or both alcohol and drug abuse, is not, in and of itself, a sufficient basis for reporting child abuse or neglect.
</html:p>
<html:p>
(39)
<html:span class="EnSpace"/>
A clinical counselor trainee, as defined in subdivision (g) of Section 4999.12 of the Business and Professions Code.
</html:p>
<html:p>
(40)
<html:span class="EnSpace"/>
An
associate professional clinical counselor registered under Section 4999.42 of the Business and Professions Code.
</html:p>
<html:p>
(41)
<html:span class="EnSpace"/>
An employee or administrator of a public or private postsecondary educational institution, whose duties bring the administrator or employee into contact with children on a regular basis, or who supervises those whose duties bring the administrator or employee into contact with children on a regular basis, as to child abuse or neglect occurring on that institution’s premises or at an official activity of, or program conducted by, the institution. Nothing in this paragraph shall be construed as altering the lawyer-client privilege as set forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.
</html:p>
<html:p>
(42)
<html:span class="EnSpace"/>
An athletic coach, athletic administrator, or athletic director employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12, inclusive.
</html:p>
<html:p>
(43)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A commercial computer technician as specified in subdivision (e) of Section 11166. As used in this article, “commercial computer technician” means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An
employer of a commercial computer technician may implement internal procedures for facilitating reporting consistent with this article. These procedures may direct employees who are mandated reporters under this paragraph to report materials described in subdivision (e) of Section 11166 to an employee who is designated by the employer to receive the reports. An employee who is designated to receive reports under this subparagraph shall be a commercial computer technician for purposes of this article. A commercial computer technician who makes a report to the designated employee pursuant to this subparagraph shall be deemed to have complied with the requirements of this article and shall be subject to the protections afforded to mandated reporters, including, but not limited to, those protections afforded by Section 11172.
</html:p>
<html:p>
(44)
<html:span class="EnSpace"/>
Any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary educational institutions.
</html:p>
<html:p>
(45)
<html:span class="EnSpace"/>
An individual approved as a kinship family, as defined in Section 16519.4 of the Welfare and Institutions Code.
</html:p>
<html:p>
(46)
<html:span class="EnSpace"/>
An individual approved as a resource family, as defined in Section 1517 of the Health and Safety Code and Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(47)
<html:span class="EnSpace"/>
A qualified autism service provider, a qualified autism service professional, or a qualified autism service paraprofessional as defined in Chapter 17
(commencing with Section 4999.200) of Division 2 of the Business and Professions Code.
</html:p>
<html:p>
(48)
<html:span class="EnSpace"/>
A human resource employee of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code that employs minors. For purposes of this section, a “human resource employee” is the employee or employees designated by the employer to accept any complaints of misconduct as required by Chapter 6 (commencing with Section 12940) of Part 2.8 of Division 3 of Title 2 of the Government Code.
</html:p>
<html:p>
(49)
<html:span class="EnSpace"/>
An adult person whose duties require direct contact with and supervision of minors in the performance of the minors’ duties in the workplace of a business subject to Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code is a mandated reporter of sexual abuse, as defined in Section 11165.1. Nothing in this paragraph shall be
construed to modify or limit the person’s duty to report known or suspected child abuse or neglect when the person is acting in some other capacity that would otherwise make the person a mandated reporter.
</html:p>
<html:p>
(50)
<html:span class="EnSpace"/>
An individual employed as a talent agent, talent manager, or talent coach, who provides services to a minor.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Except as provided in paragraphs (1), (2), (3), and (35) of subdivision (a), volunteers of public or private organizations whose duties require direct contact with and supervision of children are not mandated reporters but are encouraged to obtain training in the identification and reporting of child abuse and neglect and are further encouraged to report known or suspected instances of child abuse or neglect to an agency specified in Section 11165.9.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided
in subdivision (d) and paragraph (2), employers are strongly encouraged to provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. Whether or not employers provide their employees with training in child abuse and neglect identification and reporting, the employers shall provide their employees who are mandated reporters with the statement required pursuant to subdivision (a) of Section 11166.5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Employers subject to paragraphs (48) and (49) of subdivision (a) shall provide their employees who are mandated reporters with training in the duties imposed by this article. This training shall include training in child abuse and neglect identification and training in child abuse and neglect reporting. The training requirement may be met by completing the general online
training for mandated reporters offered by the Office of Child Abuse Prevention in the State Department of Social Services.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Pursuant to Section 44691 of the Education Code, school districts, county offices of education, state special schools and diagnostic centers operated by the State Department of Education, charter schools, and, commencing July 1, 2026, private schools, shall annually train their employees and persons working on their behalf specified in subdivision (a) in the duties of mandated reporters under the child abuse reporting laws. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On and after January 1, 2018, pursuant to Section 1596.8662 of the Health and Safety Code, a childcare licensee applicant shall take training in the
duties of mandated reporters under the child abuse reporting laws as a condition of licensure, and a childcare administrator or an employee of a licensed child daycare facility shall take training in the duties of mandated reporters during the first 90 days when that administrator or employee is employed by the facility.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A person specified in paragraph (1) who becomes a licensee, administrator, or employee of a licensed child daycare facility shall take renewal mandated reporter training every two years following the date on which that person completed the initial mandated reporter training. The training shall include, but not necessarily be limited to, training in child abuse and neglect identification and child abuse and neglect reporting.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Unless otherwise specifically provided, the absence of training shall not excuse a mandated reporter from the duties imposed by this
article.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Public and private organizations are encouraged to provide their volunteers whose duties require direct contact with and supervision of children with training in the identification and reporting of child abuse and neglect.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9F193875-FC3E-4FE4-9DDE-535928D8C781">
<ns0:Num>SEC. 57.</ns0:Num>
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Section 11167.5 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5469C1EF-3339-426F-A5F8-2F99A196A78F">
<ns0:Num>11167.5.</ns0:Num>
<ns0:LawSectionVersion id="id_B0077F1D-3F74-4E98-BB92-A6C691F5BDEC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The reports required by Sections 11166 and 11166.2, or authorized by Section 11166.05, and child abuse or neglect investigative reports that result in a summary report being filed with the Department of Justice pursuant to subdivision (a) of Section 11169 shall be confidential and may be disclosed only as provided in subdivision (b). Any violation of the confidentiality provided by this article is a misdemeanor punishable by imprisonment in a county jail not to exceed six months, by a fine of five hundred dollars ($500), or by both that imprisonment and fine.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Reports of suspected child abuse or neglect and information contained therein may be disclosed only to the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Persons or
agencies to whom disclosure of the identity of the reporting party is permitted under Section 11167.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Persons or agencies to whom disclosure of information is permitted under subdivision (b) of Section 11170 or subdivision (a) of Section 11170.5.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Persons or agencies with whom investigations of child abuse or neglect are coordinated under the regulations promulgated under Section 11174.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Multidisciplinary personnel teams as defined in subdivision (d) of Section 18951 of the Welfare and Institutions Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Persons or agencies responsible for the licensing of facilities which care for children, as specified in Section 11165.7.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The State Department of Social Services or any
county, as specified in paragraph (4) of subdivision (b) of Section 11170, when an individual has applied for a license to operate a community care facility or child daycare facility, or for a certificate of approval to operate a
kinship family home or resource family home, or for employment or presence in a licensed facility, kinship family home, or resource family home, or when a complaint alleges child abuse or neglect by a licensee or employee of, or individual approved to be present in, a licensed facility, kinship family home, or resource family home.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Hospital scan teams. As used in this paragraph, “hospital scan team” means a team of three or more persons established by a hospital, or two or more
hospitals in the same county, consisting of health care professionals and representatives of law enforcement and child protective services, the members of which are engaged in the identification of child abuse or neglect. The disclosure authorized by this section includes disclosure among all hospital scan teams.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Coroners and medical examiners when conducting a post mortem examination of a child.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The Board of Parole Hearings, which may subpoena an employee of a county welfare department who can provide relevant evidence and reports that both (A) are not unfounded, pursuant to Section 11165.12, and (B) concern only the current incidents upon which parole revocation proceedings are pending against a parolee charged with child abuse or neglect. The reports and information shall be confidential pursuant to subdivision (d) of Section 11167.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Personnel from an agency responsible for making a placement of a child pursuant to Section 361.3 of, and Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of, the Welfare and Institutions Code.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Persons who have been identified by the Department of Justice as listed in the Child Abuse Central Index pursuant to paragraph (7) of subdivision (b) of Section 11170 or subdivision (c) of Section 11170, or persons who have verified with the Department of Justice that they are listed in the Child Abuse Central Index as provided in subdivision (f) of Section 11170. Disclosure under this paragraph is required notwithstanding the California Public Records Act, (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). Nothing in this paragraph shall preclude a submitting agency prior to disclosure from redacting any information
necessary to maintain confidentiality as required by law.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Out-of-state law enforcement agencies conducting an investigation of child abuse or neglect only when an agency makes the request for reports of suspected child abuse or neglect in writing and on official letterhead, or as designated by the Department of Justice, identifying the suspected abuser or victim by name and date of birth or approximate age. The request shall be signed by the department supervisor of the requesting law enforcement agency. The written request shall cite the out-of-state statute or interstate compact provision that requires that the information contained within these reports is to be disclosed only to law enforcement, prosecutorial entities, or multidisciplinary investigative teams, and shall cite the safeguards in place to prevent unlawful disclosure provided by the requesting state or the applicable interstate compact provision.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Out-of-state agencies responsible for approving prospective foster or adoptive parents for placement of a child only when the agency makes the request in compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248). The request shall also cite the safeguards in place to prevent unlawful disclosure provided by the requesting state or the applicable interstate compact provision and indicate that the requesting state shall maintain continual compliance with the requirement in paragraph (20) of subdivision (a) of Section 671 of Title 42 of the United States Code that requires the state have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the state and prevent the information from being used for a purpose other than the conducting of background checks in foster or adoptive placement cases.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Each chairperson of a county child death review team, or the chairperson’s designee, to whom disclosure of information is permitted under this article, relating to the death of one or more children and any prior child abuse or neglect investigation reports maintained involving the same victim, siblings, or suspects. Local child death review teams may share any relevant information regarding case reviews involving child death with other child death review teams.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Authorized persons within county health departments shall be permitted to receive copies of any reports made by health practitioners, as defined in paragraphs (21) to (28), inclusive, of subdivision (a) of Section 11165.7, and pursuant to Section 11165.13, and copies of assessments completed pursuant to Sections 123600 and 123605 of the Health and Safety Code, to the extent permitted by federal law. Any information
received pursuant to this subdivision is protected by subdivision (e).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Nothing in this section requires the Department of Justice to disclose information contained in records maintained under Section 11170 or under the regulations promulgated pursuant to Section 11174, except as otherwise provided in this article.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not be interpreted to allow disclosure of any reports or records relevant to the reports of child abuse or neglect if the disclosure would be prohibited by any other provisions of state or federal law applicable to the reports or records relevant to the reports of child abuse or neglect.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D5C13C9C-6248-4B5F-A42E-EDACEF01156B">
<ns0:Num>SEC. 58.</ns0:Num>
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Section 11170 of the
<ns0:DocName>Penal Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_43B7FB86-CD52-4541-B678-2105445ABE94">
<ns0:Num>11170.</ns0:Num>
<ns0:LawSectionVersion id="id_3D97BE06-50D6-4EAC-870E-C714D5F22EBE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Department of Justice shall maintain an index of all reports of child abuse and severe neglect submitted pursuant to Section 11169. The index shall be continually updated by the department and shall not contain any reports that are determined to be not substantiated. The department may adopt rules governing recordkeeping and reporting pursuant to this article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall act only as a repository of reports of suspected child abuse and severe neglect to be maintained in the Child Abuse Central Index (CACI) pursuant to paragraph (1). The submitting agencies are responsible for the accuracy, completeness, and retention of the reports described in this section. The department shall be responsible for ensuring that the CACI
accurately reflects the report it receives from the submitting agency.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Only information from reports that are reported as substantiated shall be filed pursuant to paragraph (1), and all other determinations shall be removed from the central list. If a person listed in the CACI was under 18 years of age at the time of the report, the information shall be deleted from the CACI 10 years from the date of the incident resulting in the CACI listing, if no subsequent report concerning the same person is received during that time period.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The provisions of subdivision (c) of Section 11169 apply to any information provided pursuant to this subdivision.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The Department of Justice shall immediately notify an agency that submits a report pursuant to Section 11169, or a prosecutor who requests notification, of any
information maintained pursuant to subdivision (a) that is relevant to the known or suspected instance of child abuse or severe neglect reported by the agency. The agency shall make that information available to the reporting health care practitioner who is treating a person reported as a possible victim of known or suspected child abuse. The agency shall make that information available to the reporting child custodian, Child Abuse Prevention and Treatment Act guardian ad litem appointed under Rule 5.662 of the California Rules of Court, or counsel appointed under Section 317 or 318 of the Welfare and Institutions Code, or the appropriate licensing agency, if they or the licensing agency is handling or investigating a case of known or suspected child abuse or severe neglect.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When a report is made pursuant to subdivision (a) of Section 11166, or Section 11166.05, the investigating agency, upon completion of the investigation or after there has been a final disposition in the matter, shall inform the person required or authorized to report of the results of the investigation and of any action the agency is taking with regard to the child or family.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Department of Justice shall make relevant information from the CACI available to a law enforcement agency, county welfare department, tribal agency pursuant to Section 10553.12 of the Welfare and Institutions Code, or county probation department that is conducting a child abuse investigation.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The department shall make available to the State Department of Social Services, to any county licensing agency that has contracted with the
state for the performance of licensing duties, to a county approving kinship families or resource families pursuant to Section 16519.4 or 16519.5 of the Welfare and Institutions Code,
respectively, or to a tribal court or tribal child welfare agency of a tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1 of the Welfare and Institutions Code, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of Section 11169 concerning any person who is an applicant for licensure or approval, or any adult who resides or is employed in the home of an applicant for licensure or approval, or who is an applicant for employment in a position having supervisorial or disciplinary power over a child or children, or who will provide 24-hour care for a child or children in a residential home or facility, pursuant to Section 1522.1 or 1596.877 of the Health and Safety Code, or Section 8714, 8802, 8912, or 9000 of the Family Code, or Section 11403.2 or 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The Department of Justice shall make available to a Court Appointed Special Advocate program that is conducting a background investigation of an applicant seeking employment with the program or a volunteer position as a Court Appointed Special Advocate, as defined in Section 101 of the Welfare and Institutions Code, information contained in the index regarding known or suspected child abuse by the applicant.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
For purposes of child death review, the Department of Justice shall make available to the chairperson, or the chairperson’s designee, for each county child death review team, or the State Child Death Review Council, information for investigative purposes only that is maintained in the CACI pursuant to subdivision (a) relating to the death of one or more children and any prior child abuse or neglect investigation reports maintained involving the same victims, siblings, or
suspects. Local child death review teams may share any relevant information regarding case reviews involving child death with other child death review teams.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The department shall make available to investigative agencies or probation officers, or court investigators acting pursuant to Section 1513 of the Probate Code, responsible for placing children or assessing the possible placement of children pursuant to Article 6 (commencing with Section 300), Article 7 (commencing with Section 305), Article 10 (commencing with Section 360), or Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, or Article 2 (commencing with Section 1510) or Article 3 (commencing with Section 1540) of Chapter 1 of Part 2 of Division 4 of the Probate Code, information regarding a known or suspected child abuser contained in the index concerning any adult residing in the home where the child may be placed,
when this information is requested for purposes of ensuring that the placement is in the best interest of the child. Upon receipt of relevant information concerning child abuse or neglect investigation reports contained in the CACI from the Department of Justice pursuant to this subdivision, the agency or court investigator shall notify, in writing, the person listed in the CACI that the person is in the index. The notification shall include the name of the reporting agency and the date of the report.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Pursuant to Section 10553.12 of the Welfare and Institutions Code, the department shall make available to a tribal agency information regarding a known or suspected child abuser maintained pursuant to this section or subdivision (a) of Section
11169 who is being considered as a prospective foster or adoptive parent, an adult who resides or is employed in the home of an applicant for approval, any person who has a familial or intimate relationship with any person living in the home of an applicant, or an employee of the tribal agency who may have contact with children.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The Department of Justice shall make available to a government agency conducting a background investigation pursuant to Section 1031 of the Government Code of an applicant seeking employment as a peace officer, as defined in Section 830, information regarding a known or suspected child abuser maintained pursuant to this section concerning the applicant.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The Department of Justice shall make available to a county child welfare agency or delegated county adoption agency, as defined in Section 8515 of the Family Code, conducting a background
investigation, or a government agency conducting a background investigation on behalf of one of those agencies, information regarding a known or suspected child abuser maintained pursuant to this section and subdivision (a) of Section 11169 concerning any applicant seeking employment or volunteer status with the agency who, in the course of the applicant’s employment or volunteer work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Persons or agencies, as specified in subdivision (b), if investigating a case of known or suspected child
abuse or neglect, or the State Department of Social Services or any county licensing agency pursuant to paragraph (4), or a Court Appointed Special Advocate (CASA) program conducting a background investigation for employment or volunteer candidates pursuant to paragraph (5), or an investigative agency, probation officer, or court investigator responsible for placing children or assessing the possible placement of children pursuant to paragraph (7), or a government agency conducting a background investigation of an applicant seeking employment as a peace officer pursuant to paragraph (9), or a county child welfare agency or delegated county adoption agency conducting a background investigation of an applicant seeking employment or volunteer status who, in the course of the applicant’s employment or volunteer
work, will have direct contact with children who are alleged to have been, are at risk of, or have suffered, abuse or neglect, pursuant to paragraph (10), to whom disclosure of any information maintained pursuant to subdivision (a) is authorized, are responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed, and its sufficiency for making decisions regarding investigation, prosecution, licensing, placement of a child, employment or volunteer positions with a CASA program, or employment as a peace officer.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If CACI information is requested by an agency for the temporary placement of a child in an emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if
compliance would cause a delay in providing an expedited response to the agency’s inquiry and if further delay in placement may be detrimental to the child.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Whenever information contained in the Department of Justice files is furnished as the result of an application for employment or licensing or volunteer status pursuant to paragraph (4), (5), (8), (9), or (10), the Department of Justice may charge the person or entity making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All moneys received by the department pursuant to this section to process trustline applications for purposes of Chapter 3.35
(commencing with Section 1596.60) of Division 2 of the Health and Safety Code shall be deposited in a special account in the General Fund that is hereby established and named the Department of Justice Child Abuse Fund. Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process trustline automated child abuse or neglect system checks pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
All moneys, other than those described in subparagraph (B), received by the department pursuant to this paragraph shall be deposited in a special account in the General Fund which is hereby created and named the Department of Justice Sexual Habitual Offender Fund. The funds shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred pursuant to Chapter 9.5 (commencing with Section 13885) and Chapter 10 (commencing with Section 13890)
of Title 6 of Part 4, and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1), and for maintenance and improvements to the statewide Sexual Habitual Offender Program and the California DNA offender identification file (CAL-DNA) authorized by Chapter 9.5 (commencing with Section 13885) of Title 6 of Part 4 and the DNA and Forensic Identification Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Department of Justice shall make available to any agency responsible for placing children pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, upon request, relevant information concerning child abuse or neglect reports contained in the index, when making a placement with a responsible relative pursuant to Sections
281.5, 305, and 361.3 of the Welfare and Institutions Code. Upon receipt of relevant information concerning child abuse or neglect reports contained in the index from the Department of Justice pursuant to this subdivision, the agency shall also notify in writing the person listed in the CACI that the person is in the index. The notification shall include the location of the original investigative report and the submitting agency. The notification shall be submitted to the person listed at the same time that all other parties are notified of the information, and no later than the actual judicial proceeding that determines placement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If information is requested by an agency for the placement of a child with a responsible relative in an
emergency situation pursuant to Article 7 (commencing with Section 305) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code, the department is exempt from the requirements of Section 1798.18 of the Civil Code if compliance would cause a delay in providing an expedited response to the child protective agency’s inquiry and if further delay in placement may be detrimental to the child.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall make available any information maintained pursuant to subdivision (a) to out-of-state law enforcement agencies conducting investigations of known or suspected child abuse or neglect only when an agency makes the request for information in writing and on official letterhead, or as designated by the department, identifying the suspected abuser or victim by name and date of birth or approximate age. The request shall be signed by the department supervisor of the requesting law enforcement agency. The written requests shall
cite the out-of-state statute or interstate compact provision that requires that the information contained within these reports shall be disclosed only to law enforcement, prosecutorial entities, or multidisciplinary investigative teams, and shall cite the safeguards in place to prevent unlawful disclosure of any confidential information provided by the requesting state or the applicable interstate compact provision.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall make available to an out-of-state agency, for purposes of approving a prospective foster or adoptive parent in compliance with the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248), information regarding a known or suspected child abuser maintained pursuant to subdivision (a) concerning the prospective foster or adoptive parent, and any other adult living in the home of the prospective foster or adoptive parent. The department shall make that information
available only when the out-of-state agency makes the request indicating that continual compliance will be maintained with the requirement in paragraph (20) of subsection (a) of Section 671 of Title 42 of the United States Code that requires the state to have in place safeguards to prevent the unauthorized disclosure of information in any child abuse and neglect registry maintained by the state and prevent the information from being used for a purpose other than the conducting of background checks in foster or adoption placement cases.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
With respect to any information provided by the department in response to the out-of-state agency’s request, the out-of-state agency is responsible for obtaining the original investigative report from the reporting agency, and for drawing independent conclusions regarding the quality of the evidence disclosed and its sufficiency for making decisions regarding the approval of prospective foster or adoptive
parents.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Whenever information contained in the index is furnished pursuant to this subdivision, the department shall charge the out-of-state agency making the request a fee. The fee shall not exceed the reasonable costs to the department of providing the information. The only increase shall be at a rate not to exceed the legislatively approved cost-of-living adjustment for the department. In no case shall the fee exceed fifteen dollars ($15).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All moneys received by the department pursuant to this subdivision shall be deposited in the Department of Justice Child Abuse Fund, established under subparagraph (B) of paragraph (12) of subdivision (b). Moneys in the fund shall be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred to process requests for information pursuant to this
subdivision.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any person may determine if they are listed in the CACI by making a request in writing to the Department of Justice. The request shall be notarized and include the person’s name, address, date of birth, and either a social security number or a California identification number. Upon receipt of a notarized request, the Department of Justice shall make available to the requesting person information identifying the date of the report and the submitting agency. The requesting person is responsible for obtaining the investigative report from the submitting agency pursuant to paragraph (11) of subdivision (b) of Section 11167.5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
No person
or agency shall require or request another person to furnish a copy of a record concerning themselves, or notification that a record concerning themselves, exists or does not exist, pursuant to paragraph (1).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If a person is listed in the CACI only as a victim of child abuse or neglect, and that person is 18 years of age or older, that person may have
their
name removed from the index by making a written request to the Department of Justice. The request shall be notarized and include the person’s name, address, social security number, and date of birth.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_911CBB4B-A53F-4BCE-8C1C-85C100E0680F">
<ns0:Num>SEC. 59.</ns0:Num>
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Section 1541 of the
<ns0:DocName>Probate Code</ns0:DocName>
is amended to read:
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<ns0:Num>1541.</ns0:Num>
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<ns0:Content>
<html:p>In addition to the other required contents of the petition for appointment of a guardian, the petition shall include all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
A statement by the proposed guardian that, upon request by an agency referred to in Section 1543 for information relating to the investigation referred to in that section, the proposed guardian will promptly submit the information required.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A disclosure of any petition for adoption by the proposed guardian of the minor who is the subject of the guardianship petition regardless of when or
where filed.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A statement whether or not the home of the proposed guardian is a licensed foster family home, a kinship family home, or a resource family home.
</html:p>
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<ns0:BillSection id="id_2AFD1CB8-C4AD-4756-975E-B3FEE35F269E">
<ns0:Num>SEC. 60.</ns0:Num>
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Section 1543 of the
<ns0:DocName>Probate Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_01D2236D-1E76-4AA8-9BD2-7154569B4F5D">
<ns0:Num>1543.</ns0:Num>
<ns0:LawSectionVersion id="id_F5D191C0-9B71-4565-AE0F-3A119856C5E7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If the petition as filed or as amended states that an adoption petition has been filed, a report with respect to the suitability of the proposed guardian for guardianship shall be filed with the court by the agency investigating the adoption. In other cases, the local agency designated by the board of supervisors to provide public social services shall file a report with the court with respect to the proposed guardian of the same character required to be made with regard to an applicant for foster family home licensure, kinship family approval, as described in Section 16519.4 of the Welfare and Institutions Code, or
resource family approval, as described in Section 16519.5 of the Welfare and Institutions Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The report filed with the court pursuant to this section is confidential. The report may be considered by the court and shall be made available only to the persons who have been served in the proceeding and the persons who have appeared in the proceeding or their attorneys. The report may be received in evidence upon stipulation of counsel for all of those persons who are present at the hearing or, if a person is present at the hearing but is not represented by counsel, upon consent of that person.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_CEF5DF6A-4810-4995-B8E2-A40879812E9C">
<ns0:Num>SEC. 61.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'224.1.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 224.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_C2761266-6779-423E-A66F-260424006F27">
<ns0:Num>224.1.</ns0:Num>
<ns0:LawSectionVersion id="id_F2BD8EAD-2FCC-48CB-9765-3DADD8B0E841">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
As used in this division, unless the context requires otherwise, the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Indian” means any person who is a member or citizen of an Indian tribe, as defined in paragraph (4), or who is an Alaska Native and a member or citizen of a Regional Corporation as defined in Section 1606 of Title 43 of the United States Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Indian custodian” means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody, and control have been transferred by the parent of that child.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Indian organization” means any group,
association, partnership, corporation, or other legal entity owned or controlled by Indians, or a majority of whose members are Indians.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in subdivision (c) of Section 1602 of Title 43 of the United States Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Reservation” has the same meaning as “Indian country” as defined in Section 1151 of Title 18 of the United States Code, and any lands that are not covered under Section 1151 and the title to which is either held by the United States in trust for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to a restriction by the United States against
alienation.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Tribal court” means a court with jurisdiction over child custody proceedings, and that is either a Court of Indian Offenses, a court established and operated under the code or custom of an Indian tribe, or any other administrative body of a tribe that is vested with authority over child custody proceedings.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
As used in this division, the term “Indian child” means all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Any unmarried person who is under 18 years of age and who is either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A member or citizen of an Indian tribe.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Eligible for membership or citizenship in an Indian tribe and is a biological child of a member or citizen of an Indian tribe.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
As used in connection with an Indian child custody proceeding, as defined in subdivision (d), brought in a juvenile court, the term “Indian child” also means an unmarried person who is 18 years of age or over, but under 21 years of age, who is a member or citizen of an Indian tribe or eligible for membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe, and who is under the jurisdiction of the juvenile court, unless that person or their attorney elects not to be considered an Indian child for purposes of the Indian child custody proceeding. All Indian child custody proceedings involving persons 18 years of age and older shall be conducted in a manner that respects the person’s status as a legal adult.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
As used in connection with an Indian child custody proceeding, as defined in subdivision (d), the following
definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Extended family member” has the same meaning as defined by the law or custom of the Indian child’s tribe or, in the absence of such law or custom, shall be a person who has reached 18 years of age and who is the Indian child’s grandparent, aunt or uncle, brother or sister, brother-in-law or sister-in-law, niece or nephew, first or second cousin, or stepparent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Parent” means any biological parent or parents of an Indian child or any Indian person who has lawfully adopted an Indian child, including adoptions under tribal law or custom.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Indian child custody proceeding” means a hearing other than an emergency proceeding under Section 319, during a juvenile court proceeding brought under this code, including, but not limited to, any hearing pursuant to
Section 366.26, or a proceeding under the Probate Code or the Family Code, involving an Indian child, that may culminate in one of the following outcomes:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Foster care placement, which includes removal of an Indian child from their parent, parents, or Indian custodian for placement in a foster home, institution, the home of a guardian or conservator, or anyone other than one of the child’s parents, as defined in paragraph (2) of subdivision (c), or the child’s Indian custodian, in which the parent or Indian custodian may not have the child returned upon demand, but in which parental rights have not been terminated. Foster care placement includes placement in the home of a legal guardian under the provisions of the Family Code, Probate Code, and the Welfare and Institutions Code. Foster care placement does not include an emergency placement of an Indian child pursuant to Section 309, as long as the emergency proceeding requirements set forth
in Section 319 are met.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Termination of parental rights, which includes any action involving an Indian child resulting in the termination of the parent-child relationship.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Preadoptive placement, which includes the temporary placement of an Indian child in a foster home or institution after the termination of parental rights, but prior to, or in lieu of, adoptive placement.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Adoptive placement, which includes the permanent placement of an Indian child for adoption, or a tribal customary adoption as described in Section 366.24, including any action resulting in a final decree of adoption.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If a child is placed in foster care or another out-of-home placement as a result of a status offense, that status offense proceeding is considered an
Indian child custody proceeding.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Indian child custody proceeding” does not include a voluntary foster care or guardianship placement if the parent or Indian custodian retains the right to have the child returned upon demand.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Indian child’s tribe” means the Indian tribe in which an Indian child is a member or citizen or eligible for membership or citizenship, or in the case of an Indian child who is a member or citizen of, or eligible for membership or citizenship in, more than one tribe, the Indian tribe with which the Indian child has the more significant contacts.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In the case of an Indian child who meets the definition of “Indian child” through more than one tribe, deference should be given to the tribe of which the Indian child is already a member or citizen, unless
otherwise agreed to by the tribes.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If an Indian child meets the definition of “Indian child” through more than one tribe because the child is a member or citizen of more than one tribe or the child is not a member or citizen but is eligible for membership or citizenship in more than one tribe, the court shall provide the tribes the opportunity to determine which tribe shall be designated as the Indian child’s tribe.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the tribes are able to reach an agreement, the agreed-upon tribe shall be designated as the Indian child’s tribe.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the tribes are unable to reach an agreement, the court shall designate as the Indian child’s tribe, the tribe with which the Indian child has the more significant contacts, taking into consideration all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Preference of the parents for membership or citizenship of the child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Length of past domicile or residence on or near the reservation of each tribe.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Tribal membership or citizenship of the child’s custodial parent or Indian custodian.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Interest asserted by each tribe in the child custody proceeding.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Whether there has been a previous adjudication with respect to the child by a court of one of the tribes.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Self-identification by the child, if the child is of sufficient age and capacity to meaningfully self-identify.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If an Indian child becomes a member or citizen of a tribe other than the
one designated by the court as the Indian child’s tribe under paragraph (5), actions taken based on the court’s determination prior to the child’s becoming a tribal member or citizen continue to be valid.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A determination of the Indian child’s tribe for purposes of the federal Indian Child Welfare Act and pursuant to these provisions for purposes of an Indian child custody proceeding, as defined in subdivision (d), does not constitute a determination for any other purpose.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Active efforts” means affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with their family. If an agency is involved in an Indian child custody proceeding, active efforts shall involve assisting the parent, parents, or Indian custodian through the steps of a case plan and with accessing or developing the resources necessary to satisfy the case
plan. To the maximum extent possible, active efforts shall be provided in a manner consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe and shall be conducted in partnership with the Indian child and the Indian child’s parents, extended family members, Indian custodians, and tribe. When an agency knows a child is an Indian child or has reason to know a child is an Indian child as described in subdivision (d) of Section 224.2, active efforts shall start upon receipt of a referral regarding the Indian child or upon first contact with the Indian child or family, whichever is earlier. Whenever a county child welfare agency is required to make reasonable efforts or provide reasonable reunification services, in any case involving an Indian child, those efforts and services shall meet the standard of active efforts described in this subdivision. Active efforts shall be tailored to the facts and circumstances of the case and may include, but are not limited to,
any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Conducting a comprehensive assessment of the circumstances of the Indian child’s family, with a focus on safe reunification as the most desirable goal.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Identifying appropriate services, including services offered pursuant to Chapter 7 (commencing with Section 16585) of Part 4 of Division 9 and helping the parents overcome barriers, including actively assisting the parents in obtaining those services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Identifying, notifying, and inviting representatives of the Indian child’s tribe to participate in providing support and services to the Indian child’s family and in family team meetings, permanency planning, and resolution of placement issues.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Conducting or causing to be conducted a diligent search for the Indian
child’s extended family members, and contacting and consulting with extended family members regarding possible placements and to provide family structure and support for the Indian child and the Indian child’s parents.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Offering and employing all available and culturally appropriate family preservation strategies and facilitating the use of remedial and rehabilitative services provided by the child’s tribe.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Taking steps to keep siblings together whenever possible.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Supporting regular visits with parents or Indian custodians in the most natural setting possible, as well as trial home visits of the Indian child during any period of removal, consistent with the need to ensure the health, safety, and welfare of the child.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Identifying community
resources, including housing, financial assistance, transportation, mental health and substance abuse services, and peer support services, and actively assisting the Indian child’s parents or, when appropriate, the child’s family, in utilizing and accessing those resources.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Monitoring progress and participation in services.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Considering alternative ways to address the needs of the Indian child’s parents and, where appropriate, the family, if the optimum services do not exist or are not available.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Providing postreunification services and monitoring.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Assistant Secretary” means the Assistant Secretary of the Bureau of Indian Affairs.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Bureau of Indian Affairs” means the
Bureau of Indian Affairs of the Department of the Interior.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Continued custody” means physical custody or legal custody or both, under any applicable tribal law or tribal custom or state law, that a parent or Indian custodian already has or had at any time in the past. The biological mother of an Indian child is deemed to have had custody of the Indian child.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Custody” means physical custody or legal custody or both, under any applicable tribal law or tribal custom or state law.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Domicile” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For a parent, Indian custodian, or legal guardian, the place that a person has been physically present and that the person regards as home. This includes a person’s true, fixed, principal, and permanent home, to which
that person intends to return and remain indefinitely even though the person may be currently residing elsewhere.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For an Indian child, the domicile of the Indian child’s parents, Indian custodian, or legal guardian. In the case of an Indian child whose parents are not married to each other, the domicile of the Indian child means the domicile of the Indian child’s custodial parent.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
“Emergency proceeding” for purposes of juvenile dependency proceedings is the initial petition hearing held pursuant to Section 319.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
“Indian foster home” means a foster home where one or more of the licensed or approved foster parents is an Indian as defined in paragraph (1) of subdivision (a).
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
“Involuntary proceeding” means an Indian child custody proceeding
in which the parent does not consent of their free will to the foster care, preadoptive, or adoptive placement, or termination of parental rights. “Involuntary proceeding” also means an Indian child custody proceeding in which the parent consents to the foster care, preadoptive, or adoptive placement, under threat of removal of the child by a state court or agency.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
“Status offense” means an offense that would not be considered criminal if committed by an adult, including, but not limited to, school truancy and incorrigibility.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
“Upon demand” means, in the case of an Indian child, the parent or Indian custodian may regain physical custody during a voluntary proceeding simply upon verbal request, without any delay, formalities, or contingencies.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
“Voluntary proceeding” means an Indian child custody
proceeding, as defined in subdivision (d), that is not an involuntary proceeding, where both parents have, or the Indian custodian has, of their free will, without a threat of removal by a state agency, consented to the placement of the Indian child, or a proceeding for voluntary termination of parental rights.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
“Tribally approved home” means a home that has been licensed or approved by an Indian child’s tribe, or a tribe or tribal organization designated by the Indian child’s tribe, for foster care or adoptive placement of an Indian child using standards established by the child’s tribe pursuant to Section 1915 of the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and as described by Section 10553.12. A tribally approved home is not required to be licensed or approved by the state or county and is equivalent to a state-licensed or county-licensed or approved home, including an
approved kinship family or approved resource family home. Background check requirements for foster care or adoptive placement as required by Sections 1522 and 1522.1 of the Health and Safety Code shall apply to a tribally approved home.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_43BBABA7-777A-4F17-8044-ACC1243847D4">
<ns0:Num>SEC. 62.</ns0:Num>
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Section 291 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_4BB49154-0CCD-49DF-AED9-970A839626D3">
<ns0:Num>291.</ns0:Num>
<ns0:LawSectionVersion id="id_1D32C549-F93F-4D1F-953D-DC770E8012D1">
<ns0:Content>
<html:p>After the initial petition hearing, the clerk of the court shall cause the notice to be served in the following manner:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Notice of the hearing shall be given to the following persons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The mother.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The father or fathers, presumed and alleged.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The legal guardian or guardians.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Indian custodian, if it is known that the child is an Indian child, as defined by Section 224.1.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The child, if the child is 10 years of age or older.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The child’s tribe, if known, and any tribe in which the child may be a member or eligible for membership if the specific tribe is not known, and it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Any known sibling of the child who is the subject of the hearing if that sibling either is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court. If the sibling is 10 years of age or older, the sibling, the sibling’s caregiver, and the sibling’s attorney. If the sibling is under 10 years of age, the sibling’s caregiver and the sibling’s attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Each attorney of record unless counsel of record
is present in court when the hearing is scheduled, then no further notice need be given.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
If there is no parent or guardian residing in California, or if the residence is unknown, then to any adult relative residing within the county, or, if none, the adult relative residing nearest the court.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
If the hearing is a dispositional hearing that is also serving as a permanency hearing pursuant to subdivision (f) of Section 361.5, notice shall be given to the current caregiver for the child, including foster parents, relative caregivers, preadoptive parents, nonrelative extended family members, kinship family, and resource family. Any person notified may attend all hearings and may submit any information
they deem relevant to the court in writing.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
No notice is required for a parent whose parental rights have been terminated.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notice shall be served as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If the child is detained, the notice shall be given to the persons required to be noticed as soon as possible, and at least five days before the hearing, unless the hearing is set less than five days and then at least 24 hours before the hearing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the child is not detained, the notice shall be given to those persons required to be noticed at least 10 days before the date of the hearing.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The notice shall include all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The name and address of the person notified.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The nature of the hearing.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Each section and subdivision under which the proceeding has been initiated.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The date, time, and place of the hearing.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The name of the child upon whose behalf the petition has been brought.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A statement that:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If they fail to appear, the court may proceed without them.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child, parent, guardian, Indian custodian, or adult relative to whom notice is required to be given pursuant to paragraph (1), (2),
(3), (4), (5), or (9) of subdivision (a) is entitled to have an attorney present at the hearing.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the parent, guardian, Indian custodian, or adult relative noticed pursuant to paragraph (1), (2), (3), (4), or (9) of subdivision (a) is indigent and cannot afford an attorney, and desires to be represented by an attorney, the parent, guardian, Indian custodian, or adult relative shall promptly notify the clerk of the juvenile court.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If an attorney is appointed to represent the parent, guardian, Indian custodian, or adult relative, the represented person shall be liable for all or a portion of the costs to the extent of their ability to pay.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The parent, guardian, Indian custodian, or adult relative may be liable for the costs of support of the child in any out-of-home placement.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A copy of the petition.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Service of the notice of the hearing shall be given in the following manner:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If the child is detained and the persons required to be noticed are not present at the initial petition hearing, they shall be noticed by personal service or by certified mail, return receipt requested.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the child is detained and the persons required to be noticed are present at the initial petition hearing, they shall be noticed by personal service, by first-class mail, or by electronic service pursuant to Section 212.5.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the child is not detained, the persons required to be noticed shall be noticed by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail or by electronic service pursuant to Section 212.5.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Any of the notices required to be given under this section or Sections 290.1 and 290.2 may be waived by a party in person or through their attorney, or by a signed written waiver filed on or before the date scheduled for the hearing.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If it is known or there is reason
to know that the child is an Indian child, as defined in Section 224.1, notice shall be given in accordance with Section 224.3.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_FE1C492B-B2A0-4577-AFAB-8891B86F5E60">
<ns0:Num>SEC. 63.</ns0:Num>
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Section 293 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_184CA621-D776-4D48-8C81-3C283C779407">
<ns0:Num>293.</ns0:Num>
<ns0:LawSectionVersion id="id_7BBE75F9-4983-41B5-A092-E2FF6CA71F36">
<ns0:Content>
<html:p>The social worker or probation officer shall give notice of the review hearings held pursuant to Section 366.21, 366.22, or 366.25 in the following manner:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Notice of the hearing shall be given to the following persons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The mother.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The presumed father or any father receiving services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The legal guardian or guardians.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Indian custodian, if it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The
child, if the child is 10 years of age or older.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The child’s tribe, if known, and it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Any known sibling of the child who is the subject of the hearing if that sibling either is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court. If the sibling is 10 years of age or older, the sibling, the sibling’s caregiver, and the sibling’s attorney. If the sibling is under 10 years of age, the sibling’s caregiver and the sibling’s attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
In the case of a child removed from the physical custody of
their parent or legal guardian, the current caregiver of the child, including the foster parents, relative caregivers, preadoptive parents, nonrelative extended family members, kinship family, resource family, community care facility, or foster family agency having custody of the child. In a case in which a foster family agency is notified of the hearing pursuant to this section, and the child resides in a foster home approved by the foster family agency, the foster family agency shall provide timely notice of the hearing to the child’s caregivers.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Each attorney of record if that attorney was not
present at the time that the hearing was set by the court.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
No notice is required for a parent whose parental rights have been terminated. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The notice of hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. If the notice is to the child, parent or parents, or legal guardian or guardians, the notice shall also advise them of the right to be present, the right to be represented by counsel, the right to request counsel, and the right to
present evidence. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Service of the notice shall be by first-class mail addressed to the last known address of the person to be noticed, by personal service, or by electronic service pursuant to Section 212.5.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, a nonrelative extended family member, a kinship family, a resource family, a certified foster parent who has been approved for adoption, or the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, shall indicate that the person notified may attend all
hearings or may submit any information the person deems relevant to the court in writing.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_7D5F2168-88B3-4A29-B879-0DC3A0A8917C">
<ns0:Num>SEC. 64.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'294.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 294 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_59618A5D-B017-41EE-86D6-63A7A00E5A39">
<ns0:Num>294.</ns0:Num>
<ns0:LawSectionVersion id="id_0A40B07D-91C7-4E83-B536-0650275B1679">
<ns0:Content>
<html:p>The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Notice of the hearing shall be given to the following persons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The mother.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The fathers, presumed and alleged.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Indian custodian, if it is known or there is reason to know that the child is an Indian child as defined by Section 224.1.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The child, if the child is 10 years of age or older.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The
child’s tribe, if known, and any tribe in which the child may be a member or eligible for membership if the specific tribe is not known, and it is known or there is reason to know that the child is an Indian child as defined by Section 224.1.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Any known sibling of the child who is the subject of the hearing if that sibling either is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court. If the sibling is 10 years of age or older, the sibling, the sibling’s caregiver, and the sibling’s attorney. If the sibling is under 10 years of age, the sibling’s caregiver and the sibling’s attorney. However, notice is not required to be given to a sibling whose matter is calendared in the same court on the same day.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The grandparents of the child, if their address is known and if the parent’s whereabouts are unknown.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
All counsel of record.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, nonrelative extended family members, kinship family, or resource family. Any person notified may attend all hearings and may submit any information they deem relevant to the court in writing.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The
following persons shall not be notified of the hearing:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A parent whose parental rights have been terminated.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice, 10 days after the notice has been placed
in the mail or sent by electronic mail, or at the expiration of the time prescribed by the order for publication.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, by electronic service pursuant to Section 212.5, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the
recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The notice shall contain the following information:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The date, time, and place of the hearing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The right to appear.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The parents’ right to counsel.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The nature of the proceedings.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The recommendation of the supervising agency.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A statement that, at the time of hearing, the court is required to select a permanent plan of
adoption, legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notice to the parents may be given in any one of the following manners:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter only by first-class mail to the parent’s usual place
of residence or business or by electronic service pursuant to Section 212.5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Certified mail, return receipt requested, to the parent’s last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Personal service to the parent named in the notice.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Delivery to a competent person who is at least 18 years of age at the parent’s usual place of residence or business, and thereafter served on the parent named in the notice by first-class mail at the place where the notice was delivered or by electronic service pursuant to Section 212.5.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified
mail, return receipt requested.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If the recommendation of the probation officer or social worker is legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, service may be made by first-class mail to the parent’s usual place of residence or business or by electronic service pursuant to Section 212.5. In the case of an Indian child, if the recommendation of the probation officer or social worker is tribal customary adoption, service may be made by first-class mail to the parent’s usual place of residence or business.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
If a parent’s identity is known, but their whereabouts are unknown and the
parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parent’s attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks.
Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail or by electronic service pursuant to Section 212.5.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail or by electronic service pursuant to Section 212.5.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In any case where the residence of the parent becomes known, notice shall immediately be served
upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date, and the court, consistent with Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
After a determination that there has been due diligence in attempting to
identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation.
Publication shall be made once a week for four consecutive weeks.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, as appropriate, no further notice to the parent shall be required.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Notice to all counsel of record shall be by first-class mail or by electronic service pursuant to Section 212.5.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, notice shall be given in accordance with Section 224.3.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Notwithstanding subdivision
(a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section shall also apply to children adjudged wards pursuant to Section 727.31.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served electronically if notice is also given by another means of service provided for in this section.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_18DC7275-3DB9-4335-B107-39CCA06A5454">
<ns0:Num>SEC. 65.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'295.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 295 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_FCC205E5-97F4-4282-BF8C-8C047C1CAC0A">
<ns0:Num>295.</ns0:Num>
<ns0:LawSectionVersion id="id_C3343BCC-DD33-425F-B9A7-D21BC3E398D5">
<ns0:Content>
<html:p>The social worker or probation officer shall give notice of review hearings held pursuant to Sections 366.3 and 366.31 and for termination of jurisdiction hearings held pursuant to Section 391 in the following manner:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Notice of the hearing shall be given to the following persons:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The mother.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The presumed father.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The legal guardian or guardians.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The Indian custodian, if it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The child, if the child is 10 years of age or older, or a nonminor dependent.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The child’s tribe, if it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Any known sibling of the child or nonminor dependent who is the subject of the hearing if that sibling either is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court. If the sibling is 10 years of age or older, the sibling, the sibling’s caregiver, and the sibling’s attorney. If the sibling is under 10 years of age, the sibling’s caregiver and the sibling’s attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The
current caregiver of the child, including the foster parents, relative caregivers, preadoptive parents, nonrelative extended family members, kinship family, resource family, community care facility, or foster family agency having physical custody of the child if a child is removed from the physical custody of the parents or legal guardian. The person notified may attend all hearings and may submit any information the person deems relevant to the court in writing.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The current caregiver of a nonminor dependent, as described in subdivision (v) of Section 11400. The person notified may attend all hearings and may submit for filing an
original and eight copies of written information
they deem relevant to the court. The court clerk shall provide the current parties and attorneys of record with a copy of the written information immediately upon receipt and complete, file, and distribute a proof of service.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The attorney of record if that attorney of record was not present at the time that the hearing was set by the court.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The alleged father or fathers, but only if the recommendation is to set a new hearing pursuant to Section 366.26.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
No notice shall be required for a parent whose parental rights have been terminated or for the parent of a nonminor dependent, as described in subdivision (v) of Section 11400, unless the parent is receiving court-ordered family reunification services pursuant to Section 361.6.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The notice of the review hearing shall be served no earlier than 30 days, nor later than 15 days, before the hearing.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The notice of the review hearing shall contain a statement regarding the nature of the hearing to be held, any recommended change in the custody or status of the child, and any recommendation that the court set a new hearing pursuant to Section 366.26 in order to select a more permanent plan.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Service of notice shall be by first-class mail addressed to the last known address of the person to be provided notice or by electronic service pursuant to Section 212.5.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If the child is ordered into a permanent plan of legal guardianship, and subsequently a petition to terminate or modify the guardianship is filed, the probation
officer or social worker shall serve notice of the petition not less than 15 court days before the hearing on all persons listed in subdivision (a) and on the court that established legal guardianship if it is in another county.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9177487F-8DD5-4F30-82DE-7A679AE07CF6">
<ns0:Num>SEC. 66.</ns0:Num>
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Section 309 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_A00ABEB5-69FD-45F8-BFC3-F76515C9C1B5">
<ns0:Num>309.</ns0:Num>
<ns0:LawSectionVersion id="id_A907B7F7-56B9-4B53-9409-177478CA3182">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Upon delivery to the social worker of a child who has been taken into temporary custody under this article, the social worker shall immediately investigate the circumstances of the child and the facts surrounding the child’s being taken into custody and attempt to maintain the child with the child’s family through the provision of services. The social worker shall immediately release the child to the custody of the child’s parent, guardian, Indian custodian, or relative, regardless of the parent’s, guardian’s, Indian custodian’s, or relative’s immigration status, unless one or more of the following conditions exist:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The child has no parent, guardian, Indian custodian, or relative willing to provide care for the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Continued detention of the child is a matter of immediate and urgent necessity for the protection of the child and there are no reasonable means by which the child can be protected in their home or the home of a relative.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If it is known or there is reason to know the child is an Indian child, the child has been physically removed from the custody of a parent or parents or an Indian custodian, continued detention of the child continues to be necessary to prevent imminent physical damage or harm to the child, and there are no reasonable means by which the child can be protected if maintained in the physical custody of their parent or parents or Indian custodian.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
There is substantial evidence that a parent, guardian, or Indian custodian of the child is likely to flee the jurisdiction of the court, and, in the case
of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The child has left a placement in which the child was placed by the juvenile court.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The parent or other person having lawful custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code and did not reclaim the child within the 14-day period specified in subdivision (g) of that section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
In any case in which there is reasonable cause for believing that a child who is under the care of a physician and surgeon or a hospital, clinic, or other medical facility, cannot be immediately moved, and is a person described in Section 300, the child shall be deemed to have been taken into temporary custody and delivered to the social worker
for the purposes of this chapter while the child is at the office of the physician and surgeon or the medical facility.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the child is not released to their parent or guardian, the child shall be deemed detained for purposes of this chapter.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a relative, as defined in Section 319, an extended family member of an Indian child, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), or a nonrelative extended family member, as defined in Section 362.7, is available and requests emergency placement of the child pending the detention hearing, or after the detention hearing and pending the dispositional hearing conducted pursuant to Section 358, the county welfare department shall initiate an assessment of the relative’s or nonrelative extended family member’s suitability for
emergency placement pursuant to Section 361.4.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon completion of the assessment pursuant to Section 361.4, the child may be placed in the home on an emergency basis. Following the emergency placement of the child, the county welfare department shall evaluate and approve or deny the home pursuant to Section 16519.4 or 16519.5. If the home in which the Indian child is placed is licensed or approved by the child’s tribe, the provisions of Sections 16519.4 and 16519.5 do not apply for further approval. The county shall require the relative or nonrelative extended family member to submit an application for approval as a
kinship family or
resource family and initiate the home environment assessment no later than five business days after the placement.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the sole issue preventing an emergency placement of a child with a relative or nonrelative extended family member is a lack of resources, including, but not limited to, physical items such as cribs and car seats, the agency shall use reasonable efforts to assist the relative or nonrelative extended family member in obtaining the necessary items within existing available resources. The department shall work with counties and stakeholders to issue guidance regarding reasonable efforts requirements.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the child is removed, the social worker shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, parents of a sibling of the child, if the parent has legal custody of the sibling,
adult siblings, other adult relatives of the child, as defined in paragraph (2) of subdivision (h) of Section 319, including any other adult relatives suggested by the parents, and, if it is known or there is reason to know the child is an Indian child, any extended family members, as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). As used in this section, “sibling” means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. The social worker shall provide to all adult relatives who are located, except when that relative’s history of family or domestic violence makes notification inappropriate, within 30 days of removal of the child, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child has been removed
from the custody of their parent or parents, guardian or guardians, or Indian custodian.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An explanation of the various options to participate in the care and placement of the child and support for the child’s family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child while the family receives reunification services with the goal of returning the child to the parent or guardian, how to become a kinship family or resource family, and additional services and support that are available in out-of-home placements, and, if it is known or there is reason to know the child is an Indian child, the option of obtaining approval for placement through the tribe’s license or approval procedure. The notice shall also include information regarding the Kin-GAP Program
(Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption, and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. The State Department of Social Services, in consultation with the County Welfare Directors Association of California and other interested stakeholders, shall develop the written notice.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The social worker shall also provide the adult relatives notified pursuant to paragraph (1) with a relative information form to provide information to the social worker and the court regarding the needs of the child. The form shall include a provision whereby the relative may request the permission of the court to address the court, if the relative so
chooses. The Judicial Council, in consultation with the State Department of Social Services and the County Welfare Directors Association of California, shall develop the form.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The social worker shall use due diligence in investigating the names and locations of the relatives, as well as any parent and alleged parent, pursuant to paragraph (1), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the child’s best interest, and obtaining information regarding the location of the child’s parents, alleged parents, and adult relatives. Each county welfare department shall do all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify
themselves to the county welfare department and the county welfare department shall provide parents and relatives with the notices required by paragraphs (1) and (2).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and, generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county welfare department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county welfare department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Beginning January 1, 2027, and annually thereafter, each county shall review publicly available data, including data from the California Child Welfare Indicators Project, comparing the statewide average rate of placing children with relatives and, in the case of Indian children, the statewide average rate of placing children according to the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) placement preferences, as described in subdivision (b) of Section 361.31, with the county’s average rate of placement, as follows:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
By October 1, the county shall review data for a one-year period ending July 1 of the prior calendar year.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If the county’s average rate is less than the statewide average, the county welfare director, or their designee, shall communicate with the Center for Excellence
in Family Finding, Engagement, and Support to identify best practices that may be adopted by the county to improve its average rate of placing children with relatives. By no later than December 1 of the year of the review, the county shall begin communications with the center, and shall communicate with the center at least three more times on a quarterly basis. For purposes of this requirement, communication includes email, video conference, or phone call.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, “family finding” means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and possible placement. If it is known or there is reason to know that the child is
an Indian child, as defined by Section 224.1, “family finding” also includes contacting the Indian child’s tribe to identify relatives and kin.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_ECB1EB11-58D5-4A8C-BE45-1E255ED82B18">
<ns0:Num>SEC. 67.</ns0:Num>
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Section 319 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_FDC6DE5C-D2B7-4E27-93E1-CF0A197A1600">
<ns0:Num>319.</ns0:Num>
<ns0:LawSectionVersion id="id_DEB887F5-C46D-44AE-8273-1593AA8738B4">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
At the initial petition hearing, the court shall review the report described in subdivision (b) and examine the child’s parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the child’s parents or guardians, the child’s Indian custodian, the petitioner, the Indian child’s tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The social worker shall report to the court on the reasons why the child has been removed from the parent’s, guardian’s, or Indian custodian’s physical custody, the need, if any, for continued detention, the available services and the referral methods to those services that could facilitate the return of the child to
the custody of the child’s parents, guardians, or Indian custodian, and whether there are any relatives who are able and willing to take temporary physical custody of the child. The report shall also include information regarding any short-term or long-term harms, or both short-term and long-term harms, to the child that may result from their removal from the custody of their parent, guardian, or Indian custodian, including, but not limited to, the information specified in subparagraph (A) of paragraph (2) of subdivision (c), the placement options, including an assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, including compliance with the placement preferences set forth in Section 361.31 in the case of an Indian child, and measures that may be available to alleviate disruption and minimize the harms of removal. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the
following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The steps taken to provide notice to the child’s parents, custodians, and tribe about the hearing pursuant to this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the child’s parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The residence and the domicile of the Indian child.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If either the residence or the domicile of
the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The tribal affiliation of the child and of the parents or Indian custodians.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribe’s jurisdiction.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child
may safely be returned to their custody.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The steps taken to consult and collaborate with the tribe and the outcome of that consultation and collaboration.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parent’s or guardian’s home is contrary to the child’s welfare, and any of the following circumstances exist:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the child’s physical or emotional health may be protected without removing the child from the parent’s or guardian’s physical custody.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child has left a placement in which the child was placed by the juvenile court.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The court shall determine whether less disruptive alternatives to removal were considered by the agency, such as factors related to the impact of removal on the child, including, but not limited to, the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A description of the relationship between the child and their parents, guardians, or Indian custodians, based on the child’s perspective, and the child’s response to removal and, where developmentally appropriate, their perspective on removal.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The relationship between the child and any siblings.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The relationship between the child and other members of the household.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Any disruption to the child’s schooling, social relationships, and physical or emotional health that may result from placement out of the home, and in the case of an Indian child, any impact on the child’s connection to their tribe, extended family members, and tribal community.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the court finds that
removal is necessary under paragraph (1), the court shall, in a written order or on the record, set forth all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The basis for its findings and the evidence relied on.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Its determination regarding the child’s placement, including whether it complies with the placement preferences set forth in Section 361.31, and less disruptive alternatives.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Include any orders necessary to alleviate any disruption or harm to the child resulting from removal.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Nothing in this paragraph permits a child to be released to a parent, legal guardian, or Indian custodian, or to be placed in an unsafe placement, due solely to the court determining the child was not offered less disruptive alternatives.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage or harm. The court shall state on the record the facts supporting this finding.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parent’s or guardian’s home is contrary to the child’s welfare at the initial petition hearing or order the release of the child from custody.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or harm.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The court shall also make a determination on the record, referencing the social worker’s report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be
considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention. This determination shall apply to each child individually, and the considerations shall be tailored to the individual child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to
Section 361.4.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If a court orders a child detained, the
court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social worker’s report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the child’s welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The home of a relative, or a nonrelative extended family member, as
defined in Section 362.7, or, in the case of an Indian child, an extended family member, as defined in paragraph (1) of subdivision (c) of Section 224.1, that has been assessed pursuant to Section 361.4.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The approved home of a kinship family, as described in Section 16519.4, a resource family, as described in Section 16519.5, or a home licensed or approved by the Indian child’s tribe.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
An emergency shelter or other suitable licensed place.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A place exempt from licensure designated by the juvenile court.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the
Health and Safety Code shall not be a placement option pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not affect the requirement that a diligent search be made for a subsequent placement within the placement preferences.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Relatives shall be given preferential consideration for placement of the child. As used in this section, “relative” means an adult who is related to the child by blood, adoption, or affinity
within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of these persons, even if the marriage was terminated by death or dissolution.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
When placing in the home of a relative, nonrelative extended family member, or, in the case of an Indian child, an extended family member, as defined in paragraph (1) of subdivision (c) of Section 224.1, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on a temporary basis in the home of a
relative, a nonrelative extended family member, as defined in Section 362.7, or an extended family member of an Indian child, as defined in subdivision (c) of Section 224.1, regardless of the status of any criminal record exemption, kinship family approval, or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal under subdivision (g) of Section 305.5. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the child’s tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may
temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child’s educational and developmental services needs cannot be met without the temporary appointment of a responsible adult.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court limits the
parent’s educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the child’s educational representative before appointing an educational representative or surrogate who is not known to the child.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the court’s decision shall be consistent with the child’s individual program plan and pursuant to the Lanterman Developmental Disabilities
Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of
disposition orders, additional needed limitation on the parent’s or guardian’s educational or developmental services rights shall be addressed pursuant to Section 361.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the child’s information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act
on the child’s behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For a placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_5BC45CB0-FF47-4FCE-8DAC-66D7B76CF786">
<ns0:Num>SEC. 68.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'361.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 361 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_713DC9D8-3F39-43F5-B64A-D80CF81FA942">
<ns0:Num>361.</ns0:Num>
<ns0:LawSectionVersion id="id_3E7F1E34-AF9B-4731-87DD-866B8CF4A4DF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
In all cases in which a minor is adjudged a dependent child of the court on the ground that the minor is a person described by Section 300, the court may limit the control to be exercised over the dependent child by any parent, guardian, or Indian custodian and shall by its order clearly and specifically set forth all those limitations. Any limitation on the right of the parent, guardian, or Indian custodian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. The limitations may not exceed those necessary to protect the child. If the court specifically limits the right of the parent, guardian, or Indian custodian to make educational or developmental services decisions for the child, or, for the nonminor dependent, if the court finds
the appointment of a developmental services decisionmaker to be in the best interests of the nonminor dependent, the court shall at the same time appoint a responsible adult to make educational or developmental services decisions for the child or nonminor dependent until one of the following occurs:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The minor reaches 18 years of age, unless the child or nonminor dependent chooses not to make educational or developmental services decisions for themselves, or is deemed by the court to be incompetent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Another responsible adult is appointed to make educational or developmental services decisions for the minor pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The right of the parent, guardian, or Indian custodian to make educational or developmental services decisions for the minor is fully restored.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A successor guardian or conservator is appointed.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The child is placed into a planned permanent living arrangement pursuant to paragraph (5) of subdivision (g) of Section 366.21, Section 366.22, Section 366.26, or subdivision (i) of Section 366.3, at which time, for educational decisionmaking, the foster parent, relative caretaker, or nonrelative extended family member as defined in Section 362.7, has the right to represent the child in educational matters pursuant to Section 56055 of the Education Code, and for decisions relating to developmental services, unless the court specifies otherwise, the foster parent, relative caregiver, or nonrelative extended family member of the planned permanent living arrangement has the right to represent the child or nonminor dependent in matters related to developmental services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An individual who would have a conflict of interest in representing the child or nonminor dependent shall not be appointed to make educational or developmental services decisions. For purposes of this section, “an individual who would have a conflict of interest” means a person having any interests that might restrict or bias their ability to make educational or developmental services decisions, including, but not limited to, those conflicts of interest prohibited by Section 1126 of the Government Code, and the receipt of compensation or attorney’s fees for the provision of services pursuant to this section. A foster parent shall not be deemed to have a conflict of interest solely because they receive compensation for the provision of services pursuant to this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Regardless of the person or persons currently holding the right to make educational decisions for the child, a foster parent, relative caregiver,
nonrelative
extended family member, kinship family, or resource family shall retain rights and obligations regarding accessing and maintaining health and education information pursuant to Sections 49069.3 and 49076 of the Education Code and Section 16010 of this code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the court limits the parent’s, guardian’s, or Indian custodian’s educational rights pursuant to this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child who is available and willing to serve as the child’s educational representative before appointing an educational representative or surrogate who is not known to the child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the court cannot identify a
responsible adult who is known to the child and available to make educational decisions for the child, subparagraphs (A) to (E), inclusive, of paragraph (1) do not apply, and the child has either been referred to the local educational agency for special education and related services, or has a valid individualized education program, the court shall refer the child to the local educational agency for appointment of a surrogate parent pursuant to Section 7579.5 of the Government Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the court cannot identify a responsible adult to make educational decisions for the child, the appointment of a surrogate parent as defined in subdivision (a) of Section 56050 of the Education Code is not warranted, and there is no foster parent to exercise the authority granted by Section 56055 of the Education Code, the court may, with the input of any interested person, make educational decisions for the child.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the court appoints a developmental services decisionmaker pursuant to this section, they shall have the authority to access the child’s or nonminor dependent’s information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the child’s or nonminor dependent’s behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the court cannot identify a responsible adult to make developmental services decisions for the child or nonminor dependent, the court may, with the input of any interested person, make developmental services decisions for the child or nonminor dependent. If the child is receiving
services from a regional center, the provision of any developmental services related to the court’s decision must be consistent with the child’s or nonminor dependent’s individual program plan and pursuant to the provisions of the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
All educational and school placement decisions shall seek to ensure that the child is in the least restrictive educational programs and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child. If an educational representative or surrogate is appointed for the child, the representative or surrogate shall meet with the child, shall investigate the child’s educational needs and whether those needs are being met, and shall, prior to each
review hearing held under this article, provide information and recommendations concerning the child’s educational needs to the child’s social worker, make written recommendations to the court, or attend the hearing and participate in those portions of the hearing that concern the child’s education.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Nothing in this section in any way removes the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subdivision (a) does not limit the ability of a parent to voluntarily relinquish their child to the State Department of Social Services,
to a county adoption agency, or to a licensed private adoption agency at any time while the child is the subject of a petition to declare them, or is, a dependent child of the juvenile court, if the department, county adoption agency, or licensed private adoption agency is willing to accept the relinquishment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When accepting the relinquishment of a child described in paragraph (1), the department or a county adoption agency shall comply with Section 8700 of the Family Code and, within five court days of accepting the relinquishment, shall file written notice of that fact with the court and all parties to the case and their counsel.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
When accepting the relinquishment of a child described in paragraph (1), a licensed private adoption agency shall comply with Section 8700 of the Family Code and, within 10 court days of accepting the relinquishment, shall file or allow another
party or that party’s counsel to file with the court one original and five copies of a request to approve the relinquishment. The clerk of the court shall file the request under seal, subject to examination only by the parties and their counsel or by others upon court approval. If the request is accompanied by the written agreement of all parties, the court may issue an ex parte order approving the relinquishment. Unless approved pursuant to that agreement, the court shall set the matter for hearing no later than 10 court days after filing, and shall provide notice of the hearing to all parties and their counsel, and to the licensed private adoption agency and its counsel. The licensed private adoption agency and any prospective adoptive parent or parents named in the relinquishment shall be permitted to attend the hearing and participate as parties regarding the strictly limited issue of whether the court should approve the relinquishment. The court shall issue an order approving or denying the
relinquishment within 10 court days after the hearing.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Nothing in this subdivision suspends the requirements for voluntary consent to adoption under Section 8606.5 of the Family Code or adoptive placement or consent to termination of parental rights under Section 1913 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A dependent child shall not be taken from the physical custody of their parents, guardian or guardians, or Indian custodian with whom the child resides at the time the petition was initiated, unless the juvenile court finds clear and convincing evidence of any of the following circumstances listed in paragraphs (1) to (5), inclusive, and, where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, paragraph (6):
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
There is or would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the minor if the minor were returned home, and there are no reasonable means by which the minor’s physical health can be protected without removing the minor from the minor’s parent’s, guardian’s, or Indian custodian’s physical custody. The fact that a minor has been adjudicated a dependent child of the court pursuant to subdivision (e) of Section 300 shall constitute prima facie evidence that the minor cannot be safely left in the physical custody of the parent, guardian, or Indian custodian with whom the minor resided at the time of injury. The court shall consider, as a reasonable means to protect the minor, each of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The option of removing an offending parent, guardian, or Indian custodian from the home.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Allowing a
nonoffending parent, guardian, or Indian custodian to retain physical custody as long as that parent, guardian, or Indian custodian presents a plan acceptable to the court demonstrating that they will be able to protect the child from future harm.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The parent, guardian, or Indian custodian of the minor is unwilling to have physical custody of the minor, and the parent, guardian, or Indian custodian has been notified that if the minor remains out of their physical custody for the period specified in Section 366.26, the minor may be declared permanently free from their custody and control.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The minor is suffering severe emotional damage, as indicated by extreme anxiety, depression, withdrawal, or untoward aggressive behavior toward themselves or others, and there are no reasonable means by which the minor’s emotional health may be protected without removing the minor from the
physical custody of their parent, guardian, or Indian custodian.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The minor or a sibling of the minor has been sexually abused, or is deemed to be at substantial risk of being sexually abused, by a parent, guardian, Indian custodian, or member of their household, or other person known to their parent, and there are no reasonable means by which the minor can be protected from further sexual abuse or a substantial risk of sexual abuse without removing the minor from their parent, guardian, or Indian custodian, or the minor does not wish to return to their parent, guardian, or Indian custodian.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The minor has been left without any provision for their support, or a parent, guardian, or Indian custodian who has been incarcerated or institutionalized cannot arrange for the care of the minor, or a relative or other adult custodian with whom the child has been left by the parent,
guardian, or Indian custodian is unwilling or unable to provide care or support for the child and the whereabouts of the parent, guardian, or Indian custodian is unknown and reasonable efforts to locate them have been unsuccessful.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
In an Indian child custody proceeding, continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child, and that finding is supported by testimony of a “qualified expert witness” as described in Section 224.6.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For purposes of this paragraph, stipulation by the parent, Indian custodian, or the Indian child’s tribe, or failure to object, may waive the requirement of producing evidence of the likelihood of serious damage only if the court is satisfied that the party has been fully advised of the requirements under this paragraph and under subdivision (e) of Section 1912 of
the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), and has knowingly, intelligently, and voluntarily waived them.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For purposes of this paragraph, failure to meet non-Indian family and child-rearing community standards, or the existence of other behavior or conditions that meet the removal standards of this section, will not support an order for placement in the absence of the finding in this paragraph.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A dependent child shall not be taken from the physical custody of their parents, guardian, or Indian custodian with whom the child did not reside at the time the petition was initiated, unless the juvenile court finds clear and convincing evidence that there would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child for the parent, guardian, or Indian custodian to live with the child or
otherwise exercise the parent’s, guardian’s, or Indian custodian’s right to physical custody, and there are no reasonable means by which the child’s physical and emotional health can be protected without removing the child from the child’s parent’s, guardian’s, or Indian custodian’s physical custody.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The court shall make a determination as to whether reasonable efforts were made to prevent or to eliminate the need for removal of the minor from their home or, if the minor is removed for one of the reasons stated in paragraph (5) of subdivision (c), whether it was reasonable under the circumstances not to make any of those efforts, or, where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, whether active efforts, as defined by Section 224.1 and as required in Section 361.7 were made and that these efforts have proved unsuccessful. The court shall state the facts on which the decision to
remove the minor is based.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The court shall make all of the findings required by subdivision (a) of Section 366 in either of the following circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The minor has been taken from the custody of their parent, guardian, or Indian custodian and has been living in an out-of-home placement pursuant to Section 319.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The minor has been living in a voluntary out-of-home placement pursuant to Section 16507.4.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_F7F699FD-486B-46A6-911C-DC325D4D3725">
<ns0:Num>SEC. 69.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'361.2.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 361.2 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_BE4FC056-CA07-4C66-8D1C-8128309A725F">
<ns0:Num>361.2.</ns0:Num>
<ns0:LawSectionVersion id="id_05936A46-D7CF-4E91-8487-6B7AE69FA685">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the court places the child with that parent, the court may do any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the child’s current caregiver
regarding the parent. After the social worker conducts the home visit and files their report with the court, the court may then take the action described in paragraph (1), (3), or this paragraph. However, this paragraph does not imply that the court is required to take the action described in this paragraph as a prerequisite to the court taking the action described in either paragraph (1) or (3).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Order that the parent assume custody subject to the supervision of the juvenile court. In that case the court may order that reunification services be provided to the parent or guardian from whom the child is being removed, or the court may order that services be provided solely to the parent who is assuming physical custody in order to allow that parent to retain later custody without court supervision, or that services be provided to both parents, in which case the court shall determine, at review hearings held pursuant to Section 366, which
parent, if either, shall have custody of the child.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The court shall make a finding, either in writing or on the record, of the basis for its determination under subdivisions (a) and (b).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Part 6 (commencing with Section 7950) of Division 12 of the Family Code shall apply to the placement of a child pursuant to paragraphs (1) and (2) of subdivision (e).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the court orders removal pursuant to Section 361, the court shall order the care, custody, control, and conduct of the child to be under the supervision of the social worker who may place the child in any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The home of a noncustodial parent, as described in subdivision (a), regardless of the parent’s immigration status.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The approved home of a relative, or the home of a relative, or in the case of an Indian child, an extended family member as defined in paragraph (1) of subdivision (c) of Section 224.1, who has been assessed pursuant to Section 361.4 and is pending approval pursuant to Section 16519.4 or 16519.5, regardless of the relative’s immigration status.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The approved home of a nonrelative extended family member, as defined in Section 362.7, or the home of a nonrelative extended family member who has been assessed pursuant to Section 361.4 and is pending approval pursuant to Section 16519.4 or 16519.5.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The approved home of a kinship family, as defined in Section 16519.4, or a home that is pending approval as a kinship family.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The approved home of a resource family, as defined in Section 16519.5, or a home that is pending approval pursuant to paragraph (1) of subdivision (e) of Section 16519.5.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A foster home considering first a foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, a home or facility in accordance with the placement preferences contained in Section 361.31 and the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A suitable licensed community care facility, except a youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
With a foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, to be placed in a suitable family home
approved by the agency, with prior approval of the county placing agency.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A community care facility licensed as a group home for children vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations or a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 of this code and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code. A child of any age who is placed in a community care facility licensed as a group home for children vendored by a regional center or a short-term residential therapeutic program shall have a case plan that indicates that
placement is for purposes of providing short-term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (d) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment. Any placement longer than six months shall be documented consistent with paragraph (3) of subdivision (a) of Section 16501.1 and, unless subparagraph (A) or (B) applies to the child, shall be approved by the deputy director or director of the county child welfare department no less frequently than every six months.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A child under six years of age shall not be placed in a community care facility licensed as a group home for children vendored by a regional center or a short-term residential therapeutic
program except under the following circumstances:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department has approved the case plan.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The short-term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the county’s control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy
director or director of the county child welfare department.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
In addition, if a case plan indicates that placement is for purposes of providing family reunification services, the facility shall offer family reunification services that meet the needs of the individual child and their family, permit parents, guardians, or Indian custodians to have reasonable access to their children 24 hours a day, encourage extensive parental involvement in meeting the daily needs of their children, and employ staff trained to provide family reunification
services. In addition, one of the following conditions exists:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The child’s parent, guardian, or Indian custodian is also under the jurisdiction of the court and resides in the facility.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The child’s parent, guardian, or Indian custodian is participating in a treatment program affiliated with the facility and the child’s placement in the facility facilitates the coordination and provision of reunification services.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Placement in the facility is the only alternative that permits the parent, guardian, or Indian custodian to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children vendored by a regional center or a short-term residential therapeutic program under the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The deputy director of the county welfare department shall approve the case prior to initial placement.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The short-term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the county’s control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant
to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of this subparagraph shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Any child placed in a short-term residential therapeutic program shall be either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A child who has been assessed as meeting one of the placement requirements set forth in subdivisions (b) and (h) of Section 11462.01.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A child under six years of age who is placed with their minor parent or for the purpose of reunification pursuant to clause (iv) of subparagraph (A) of paragraph (10).
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
The home of a
relative, as defined in subdivision (m) of Section 11400, a nonrelative extended family member, as defined in Section 362.7, or an extended family member of an Indian child, as defined in subdivision (c) of Section 224.1, in which the juvenile court has authorized placement, regardless of the status of any criminal record exemption, kinship family approval, or resource family approval, if the court has found that the placement does not pose a risk to the health and safety of the child.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
This subdivision does not allow a social worker to place any dependent child outside the United States, except as specified in subdivision (f).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A child under the supervision of a social worker pursuant to subdivision (e) shall not be placed outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The party or agency requesting placement of the child outside the United States shall carry the burden of proof and shall show, by clear and convincing evidence, that placement outside the United States is in the best interest of the child.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In determining the best interest of the child, the court shall consider, but not be limited to, all of the following factors:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Placement with a relative.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Placement of siblings in the same home.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Amount and nature of any contact between the child and the potential guardian or caretaker.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Physical and medical needs of the dependent child.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Psychological and emotional needs of the dependent child.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Social, cultural, and educational needs of the dependent child.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Specific desires of any dependent child who is 12 years of age or older.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the court finds that a placement outside the United States is, by
clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of this subdivision, “outside the United States” shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This subdivision shall not apply to the placement of a dependent child with a parent pursuant to subdivision (a).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the child is taken from the physical custody of the child’s parent, guardian, or Indian custodian and unless the child is placed with relatives, the child shall be placed in foster care in the county of
residence of the child’s parent, guardian, or Indian custodian in order to facilitate reunification of the family.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If there are no appropriate placements available in the parent’s, guardian’s, or Indian custodian’s county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parent’s, guardian’s, or Indian custodian’s community of residence.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This section does not require multiple disruptions of the child’s placement corresponding to frequent changes of residence by the parent, guardian, or Indian custodian. In determining whether the child should be moved, the social worker shall take into consideration the potential harmful effects of disrupting the placement of the child and the parent’s, guardian’s, or Indian custodian’s reason for the move.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If it has been determined that it is necessary for a child to be placed in a county other than the child’s, parent’s, guardian’s, or Indian custodian’s county of residence, the specific reason the out-of-county placement is necessary shall be documented in the child’s case plan. If the reason the out-of-county placement is necessary is the lack of resources in the sending county to meet the specific needs of the child, those specific resource needs shall be documented in the case plan.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If it has been determined that a child is to be placed out of county either in a group home for children vendored by a regional center or a short-term residential therapeutic program, or with a foster family agency for subsequent placement in an approved
foster family home, and the sending county is to maintain responsibility for supervision and visitation of the child, the sending county shall develop a plan of supervision and visitation that specifies the supervision and visitation activities to be performed and specifies that the sending county is responsible for performing those activities. In addition to the plan of supervision and visitation, the sending county shall document information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern in the receiving county. Upon implementation of the statewide child welfare information system, the plan of supervision and visitation, as well as information regarding any known or suspected dangerous behavior of the child, shall be made available to the receiving county upon placement of the child in the receiving county. If placement occurs on a weekend or holiday, the information shall be made available to the receiving county on or
before the end of the next business day.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If it has been determined that a child is to be placed out of county and the sending county plans that the receiving county shall be responsible for the supervision and visitation of the child, the sending county shall develop a formal agreement between the sending and receiving counties. The formal agreement shall specify the supervision and visitation to be provided the child, and shall specify that the receiving county is responsible for providing the supervision and visitation. The formal agreement shall be approved and signed by the sending and receiving counties prior to placement of the child in the receiving county. In addition, upon completion of the case plan, the sending county shall provide a copy of the completed case plan to the receiving county. The case plan shall include information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a
safety concern to the receiving county.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to paragraph (2), if the social worker must change the placement of the child and is unable to find a suitable placement within the county and must place the child outside the county, the placement shall not be made until the social worker has served written notice on the parent, guardian, Indian custodian, the child’s tribe, the child’s attorney, and, if the child is 10 years of age or older, on the child, at least 14 days prior to the placement, unless the child’s health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons that require placement outside the county. The child or parent, guardian, Indian custodian, or the child’s tribe may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than
five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the child’s particular needs require placement outside the county.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The notice required prior to placement, as described in paragraph (1), may be waived if the child and family team has determined that the identified placement is in the best interest of the child, no member of the child and family team objects to the placement, and the child’s attorney has been informed of the intended placement and has no objection, and, if applicable, the Indian custodian or child’s tribe has been informed of the intended placement and has no objection.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the child is transitioning from a temporary shelter care facility, as described in Section 11462.022, and all of the circumstances set forth in subparagraph (A) do not exist, the county shall
provide oral notice to the child’s parents, guardian, Indian custodian, the child’s tribe, the child’s attorney, and, if the child is 10 years of age or older, to the child no later than one business day after the determination that out-of-county placement is necessary and the circumstances in subparagraph (A) do not exist. The oral notice shall state the reasons that require placement outside the county and shall be immediately followed by written notice stating the reasons. The child, parent, guardian, Indian custodian, or tribe may object to the placement not later than seven days after oral notice is provided and, upon objection, the court shall hold a hearing not later than two judicial days after the objection is made. The court may authorize that the child remain in the temporary shelter care facility pending the outcome of the hearing. The court shall order out-of-county placement if it finds that the child’s particular needs require placement outside the county. This subparagraph does not preclude
placement of the child without prior notice if the child’s health or well-being is endangered by delaying the action or would be endangered if prior notice were given.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If the court has ordered removal of the child from the physical custody of the child’s parents pursuant to Section 361, the court shall consider whether the family ties and best interest of the child will be served by granting visitation rights to the child’s grandparents. The court shall clearly specify those rights to the social worker.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
If the court has ordered removal of the child from the physical custody of the child’s parents pursuant to Section 361, the court shall consider whether there are any siblings under the court’s jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the court’s jurisdiction, the nature of the relationship between the child and their
siblings, the appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002, and the impact of the sibling relationships on the child’s placement and planning for legal permanence.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An agency shall ensure placement of a child in a home that, to the fullest extent possible, best meets the day-to-day needs of the child. A home that best meets the day-to-day needs of the child shall satisfy all of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child’s caregiver is able to meet the day-to-day health, safety, and well-being needs of the child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child’s caregiver is permitted to maintain the least restrictive family setting that promotes normal childhood experiences and that serves the day-to-day needs of the child.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote normal childhood experiences for the foster child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The foster child’s caregiver shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04, to determine day-to-day activities that are age appropriate to meet the needs of the child. This section does not permit a child’s caregiver to permit the child to engage in day-to-day activities that carry an unreasonable risk of harm, or subject the child to abuse or neglect.
</html:p>
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<ns0:BillSection id="id_47D719FC-903C-459F-9694-23C03756A377">
<ns0:Num>SEC. 70.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'361.4.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 361.4 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_F8DBE0C5-A0D0-4559-93DA-3E959BB1F6C3">
<ns0:Num>361.4.</ns0:Num>
<ns0:LawSectionVersion id="id_7678E9F5-F7B1-4853-9220-DEAD734A3B9E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Prior to making the emergency placement of a child pursuant to subdivision (d) of Section 309 or Section 361.45, the county welfare department shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Conduct an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the child’s needs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Cause a state-level criminal records check to be conducted by an appropriate government agency through the California Law Enforcement Telecommunications System (CLETS) pursuant to Section 16504.5 for all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
All persons over 18 years of age living in the home of the relative or
nonrelative extended family member seeking emergency placement of the child, excluding any person who is a nonminor dependent, as defined in subdivision (v) of Section 11400.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
At the discretion of the county welfare department, any other person over 18 years of age known to the department to be regularly present in the home, other than professionals providing professional services to the child.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
At the discretion of the county welfare department, any person over 14 years of age living in the home who the department believes may have a criminal record. This subparagraph shall not apply to a child under the jurisdiction of the juvenile court.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Conduct a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If CLETS information obtained pursuant to paragraph (2) of subdivision (a) indicates that the person has no criminal record, the child may be placed in the home on an emergency basis.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the CLETS information obtained pursuant to paragraph (2) of subdivision (a) indicates that the person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the child shall not be placed in the home unless a criminal record exemption has been granted using the exemption criteria specified in paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2), a child may be placed on an emergency basis if the CLETS information obtained pursuant to paragraph (2)
of subdivision (a) indicates that the person has been convicted of an offense not described in subclause (II) of clause (i) of subparagraph (B) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, pending a criminal record exemption decision based on live scan fingerprint results if all of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The conviction does not involve an offense against a child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The deputy director or director of the county welfare department, or their designee, determines that the placement is in the best interests of the child.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
No party to the case objects to the placement.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the CLETS information obtained pursuant to paragraph (2) of subdivision (a) indicates that the person has been arrested for any
offense described in paragraph (2) of subdivision (e) of Section 1522 of the Health and Safety Code, the child shall not be placed on an emergency basis in the home until the investigation required by paragraph (1) of subdivision (e) of Section 1522 of the Health and Safety Code has been completed and the deputy director or director of the county welfare department, or their designee, and the court have considered the investigation results when determining whether the placement is in the best interests of the child.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the CLETS information obtained pursuant to paragraph (2) of subdivision (a) indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the child shall not be placed in the home on an emergency basis.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (2) and (5), or the
placement recommendation of the county placing agency, the court may authorize the placement of a child on an emergency basis in the home of a relative, as defined in subdivision (m) of Section 11400, a nonrelative extended family member, as defined in Section 362.7, or an extended family member of an Indian child, as defined in subdivision (c) of Section 224.1, regardless of the status of any criminal record exemption, kinship family approval, or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Within 10 calendar days following the criminal records check
conducted through the CLETS or 5 business days of making the emergency placement, whichever is sooner, the social worker shall ensure that a fingerprint clearance check of the relative or nonrelative extended family member and any other person whose criminal record was obtained pursuant to this section is initiated through the Department of Justice to ensure the accuracy of the criminal records check conducted through the CLETS and ensure criminal record clearance of the relative or nonrelative extended family member and all adults in the home pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of Section 16519.4 or subparagraph (A) of paragraph (2) of subdivision (d) of Section 16519.5 and any associated written directives or regulations.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An identification card from a foreign consulate or foreign passport shall be
considered a valid form of identification for conducting a criminal records check pursuant to this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Notwithstanding any other law, a federally recognized tribe or tribal organization, as defined in subdivision (d) of Section 10553.12, is authorized, but not required, to approve homes for the purpose of the emergency placement of an Indian child as defined in Section 224.1, if the federally recognized tribe or tribal organization provides written confirmation to the county agency that all steps required under subdivisions (a) and (b) have been completed. An emergency placement for an Indian child approved by a federally recognized tribe or tribal organization shall be eligible for the same funding afforded any other emergency placement approved by a county agency, including, but not limited to, funding under Sections 11402, 11461.3, and 11461.36.
</html:p>
</ns0:Content>
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</ns0:BillSection>
<ns0:BillSection id="id_19CFA654-C395-4CCA-A831-CA4ADD9253F3">
<ns0:Num>SEC. 71.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'361.45.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 361.45 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_A61CF662-6D84-4CDA-AD64-260BF2A3A1ED">
<ns0:Num>361.45.</ns0:Num>
<ns0:LawSectionVersion id="id_EA3096AE-04B5-416B-B36D-1010425D2EF3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, when the sudden unavailability of a foster caregiver requires a change in placement for a child who is under the jurisdiction of the juvenile court pursuant to Section 300, if a relative, as defined in Section 319, or a nonrelative extended family member, as defined in Section 362.7, is available and requests temporary placement of the child, the county welfare department shall initiate an assessment of the relative’s or nonrelative extended family member’s suitability pursuant to Section 361.4.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Upon completion of the assessment pursuant to Section 361.4, the child may be placed in the home on an emergency basis. Following the emergency placement of the child, the county welfare department shall require the relative or
nonrelative extended family member to submit an application for approval as a kinship family or resource family and initiate the home environment assessment no later than five business days after the placement. Thereafter, the county welfare department shall evaluate and approve or deny the home pursuant to Section 16519.4 or 16519.5.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On and after January 1, 2012, if a nonminor dependent, as defined in subdivision (v) of Section 11400, is placed in the home of a relative or nonrelative extended family member, the home shall be approved using the same standards set forth in regulations as described in Section 1502.7 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On or before July 1, 2012, the department, in consultation with representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the California Youth Connection, the Judicial Council, former foster youth, child advocacy organizations, dependency counsel for children, juvenile justice advocacy organizations, foster caregiver organizations, labor organizations, and representatives of Indian tribes, shall revise regulations regarding health and safety standards for approving relative homes in which nonminor dependents, as defined in subdivision (v) of Section 11400, of the juvenile court are placed under the responsibility of the county welfare or probation department, or an Indian tribe that entered into an agreement pursuant to Section 10553.1.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code), the department, in consultation with the stakeholders listed in paragraph (2), shall prepare for implementation of the applicable provisions of this section by publishing all-county letters or similar instructions from the department by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement this section may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than
180 days.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_7FF2DC4D-B165-4197-814F-3017AB6555FE">
<ns0:Num>SEC. 72.</ns0:Num>
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Section 362.04 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_DF046DB0-2570-4D25-A424-1775F4DE3B40">
<ns0:Num>362.04.</ns0:Num>
<ns0:LawSectionVersion id="id_002B36AF-9A9F-4AF8-80E4-85551A5F9600">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Caregiver” means any licensed certified foster parent, approved relative caregiver, approved nonrelative extended family member, approved kinship family, or approved resource family.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Reasonable and prudent parent” or “reasonable and prudent parent standard” has the meaning set forth in subdivision (c) of Section 362.05.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Short term” means no more than 24 consecutive hours.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Every caregiver may arrange for occasional short-term babysitting of their foster child and allow individuals to supervise the foster child for the purposes set forth in Section 362.05, or on occasions, including, but not limited to, when the foster parent has a medical or other health care appointment, grocery or other shopping, personal grooming appointments, special occasions for the foster parents, foster parent training classes, school-related meetings (such as parent-teacher conferences), business meetings, adult social gatherings, or an occasional evening out by the foster parent.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Caregivers shall use a reasonable and prudent parent standard in determining and selecting appropriate babysitters for occasional short-term use.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The caregiver shall endeavor to provide the babysitter with the following
information before leaving the child for purposes of short-term care:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Information about the child’s emotional, behavioral, medical, or physical conditions, if any, necessary to provide care for the child during the time the foster child is being supervised by the babysitter.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any medication that should be administered to the foster child during the time the foster child is being supervised by the babysitter.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Emergency contact information that is valid during the time the foster child is being supervised by the babysitter.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Babysitters selected by the caregiver to provide occasional short-term care to a foster child under the provisions of this section shall be exempt from any department regulation requiring health screening or
cardiopulmonary resuscitation certification or training.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Each state and local entity shall ensure that private agencies that provide foster care services to dependent children have policies consistent with this section. Policies that are not consistent with this section include those that are incompatible with, contradictory to, or more restrictive than this section.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_2BD07F2A-2787-40B5-BC9C-7ED7C57B9B84">
<ns0:Num>SEC. 73.</ns0:Num>
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Section 366.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_7185F39A-7531-40DD-A23F-CB31B8801C66">
<ns0:Num>366.1.</ns0:Num>
<ns0:LawSectionVersion id="id_534D9E49-665F-4426-88E0-BBCA19DE047A">
<ns0:Content>
<html:p>Each supplemental report required to be filed pursuant to Section 366 shall include, but not be limited to, a factual discussion of each of the following subjects:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Whether the county welfare department social worker has considered either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered those services to qualified parents, if appropriate under the circumstances.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Whether the child can be returned to the custody of the child’s parent who is enrolled in a certified substance abuse treatment facility that allows a
dependent child to reside with the child’s parent.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
What plan, if any, for the return and maintenance of the child in a safe home is recommended to the court by the county welfare department social worker.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Whether the subject child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
What actions, if any, have been taken by the parent to correct the problems that caused the child to be made a dependent child of the court.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the parent or guardian is unwilling or unable to participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the
child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the supplemental report makes that recommendation, the report shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The health and education of the minor, including a copy of the complete health and education summary, as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In instances in which it is determined that disclosure pursuant to paragraph (1) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses
a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the health and education summary within the supplemental report described in this section.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
For a child or nonminor dependent who does not reside with their relatives, nonrelative extended family members, or in the case of an Indian child, their extended family members as defined in Section 224.1, or an Indian custodian, the continued efforts, and in the case of an Indian child, the active efforts, as defined by subdivision (f) of Section 224.1, that the social worker has made to locate any relatives, extended family members, or nonrelative extended family members who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives, extended family members, or nonrelative extended family members. The social worker shall document the efforts and the results
of those efforts.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Whether the child has any siblings under the court’s jurisdiction, and, if any siblings exist, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The nature of the relationship between the child and the child’s siblings.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
If the siblings are not placed together, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The
frequency and nature of the visits between the siblings.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If there are visits between the siblings, a description of the location and length of the visits.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Any plan to increase visitation between the siblings.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The impact of the sibling relationships on the child’s placement and planning for legal permanence.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The factual discussion shall include a discussion of indicators of the nature of the child’s sibling
relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the child’s best emotional interests.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For a child who is 10 years of age or older and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For a child in junior high or middle school, either that the child has already received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in junior high or
middle school or how the county will ensure that the child receives that instruction at least once before completing junior high or middle school if the child remains under the jurisdiction of the juvenile court during that timeframe.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a child in high school or a nonminor dependent, either that the child has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in high school, or how the county will ensure that the child or nonminor dependent receives that instruction at least once before completing high school if the child remains under the jurisdiction of the juvenile court during that timeframe.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For a child who is 10 years of age or older or a nonminor dependent, whether the social worker or probation officer
has done all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the child’s right to consent to sexual and reproductive health services and the child’s confidentiality rights regarding those services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision does not affect any applicable confidentiality law.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Whether a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer has relationships with individuals other than the child’s siblings who are important to the child, consistent with the child’s best interests, and actions taken to maintain those relationships. The social worker shall ask every child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer to identify any individuals other than the child’s siblings who are important to the child, consistent with the child’s best interest. The social worker may ask any other child to provide that information, as appropriate.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
The implementation and operation of the amendments to subdivision (j) enacted at the 2005–06 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
On and after October 1, 2021, for a child whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the supplemental report shall include evidence of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Ongoing assessment of the strengths and needs of the child that continues to support the determination that the needs of the child cannot be met by family members or in another family-based setting, placement in a short-term residential
therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Documentation of the child’s specific treatment or service needs that will be met in the placement and the length of time the child is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the child’s permanency plan, to
prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a kinship family home, resource family home, or tribally approved home, or in another appropriate family-based setting.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D8CFD2D1-7490-4DAF-922A-44C59F29E097">
<ns0:Num>SEC. 74.</ns0:Num>
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Section 366.3 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_4B95494D-6270-46F7-986B-0E09749023B9">
<ns0:Num>366.3.</ns0:Num>
<ns0:LawSectionVersion id="id_4C9FFE08-D402-4DC3-8ED8-5D38B69ACBDF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a juvenile court orders a permanent plan of adoption, tribal customary adoption, adoption of a nonminor dependent pursuant to subdivision (f) of Section 366.31, or legal guardianship pursuant to Section 360 or 366.26, the court shall retain jurisdiction over the child or nonminor dependent until the child or nonminor dependent is adopted or the legal guardianship is established, except as provided for in Section 366.29 or, on and after January 1, 2012, Section 366.32. The status of the child or nonminor dependent shall be reviewed every six months to ensure that the adoption or legal guardianship is completed as expeditiously as possible. Following a termination of parental rights, the parent or parents shall not be a party to, or receive notice of, any subsequent proceedings regarding the
child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When the adoption of the child or nonminor dependent has been granted, or in the case of a tribal customary adoption, when the tribal customary adoption order has been afforded full faith and credit and the petition for adoption has been granted, the court shall terminate its jurisdiction over the child or nonminor dependent.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Following establishment of a legal guardianship, the court may continue jurisdiction over the child as a dependent child of the juvenile court or may terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the legal guardianship as authorized by Section 366.4. If, however, a relative or nonrelative extended family member of the child is appointed the legal guardian of the child and the guardian’s home has been approved pursuant to Section 16519.5 for at least six months, the court shall, except if the relative
or nonrelative extended family member guardian objects, or upon a finding of exceptional circumstances, terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the guardianship as authorized by Section 366.4.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the court has dismissed dependency jurisdiction following the establishment of a legal guardianship or no dependency jurisdiction attached because of the granting of a legal guardianship pursuant to Section 360 and the legal guardianship is subsequently revoked or otherwise terminated, the county welfare department shall notify the juvenile court of this fact. The court may vacate its previous order dismissing dependency jurisdiction over the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding Section 1601 of the Probate Code, the proceedings to terminate a legal guardianship that has been granted pursuant to Section 360 or 366.26
shall be held either in the juvenile court that retains jurisdiction over the guardianship, as authorized by Section 366.4, or the juvenile court in the county where the guardian and child currently reside, based on the best interests of the child, unless the termination is due to the emancipation or adoption of the child. The juvenile court having jurisdiction over the guardianship shall receive notice from the court in which the petition is filed within five calendar days of the filing. Prior to the hearing on a petition to terminate legal guardianship pursuant to this subdivision, the court shall order the county welfare department having jurisdiction or jointly with the county department where the guardian and child currently reside to prepare a report, for the court’s consideration, that shall include an evaluation of whether the child could safely remain in, or be returned to, the legal guardian’s home, without terminating the legal guardianship, if services were provided to the child or legal
guardian. If applicable, the report shall also identify recommended family maintenance or reunification services to maintain the legal guardianship and set forth a plan for providing those services. If the petition to terminate legal guardianship is granted, either juvenile court may resume dependency jurisdiction over the child and may order the county welfare department to develop a new permanent plan, which shall be presented to the court within 60 days of the termination. If no dependency jurisdiction has attached, the social worker shall make any investigation the social worker deems necessary to determine whether the child may be within the jurisdiction of the juvenile court, as provided in Section 328.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Unless the parental rights of the child’s parent or parents have been terminated, the parents shall be notified that the legal guardianship has been revoked or terminated and shall be entitled to participate in the new permanency
planning hearing. The court shall try to place the child in another permanent placement. At the hearing, the parents may be considered as custodians but the child shall not be returned to the parent or parents unless they prove, by a preponderance of the evidence, that reunification is the best alternative for the child. The court may, if it is in the best interests of the child, order that reunification services again be provided to the parent or parents.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If, following the establishment of a legal guardianship, the county welfare department becomes aware of changed circumstances that indicate adoption or, for an Indian child, tribal customary adoption, may be an appropriate plan for the child, the department shall so notify the court. The court may vacate its previous order dismissing dependency jurisdiction over the child and order that a hearing be held pursuant to Section 366.26 to determine whether adoption or continued legal
guardianship is the most appropriate plan for the child. The hearing shall be held no later than 120 days from the date of the order. If the court orders that a hearing shall be held pursuant to Section 366.26, the court shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services if it is acting as an adoption agency, to prepare an assessment under subdivision (c) of Section 366.22.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the child or nonminor dependent is in a placement other than the home of a legal guardian and jurisdiction has not been dismissed, the status of the child shall be reviewed at least every six months. The review of the status of a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption shall be conducted by the court. The review of the status of a child or nonminor dependent for whom the court has not ordered parental
rights terminated and who has not been ordered placed for adoption may be conducted by the court or an appropriate local agency. The court shall conduct the review under the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Upon the request of the child’s parents or legal guardians.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Upon the request of the child or nonminor dependent.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
It has been 12 months since a hearing held pursuant to Section 366.26 or an order that the child remain in foster care pursuant to Section 366.21, 366.22, 366.25, or 366.26 or subdivision (h).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
It has been 12 months since a review was conducted by the court.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court shall determine whether or not reasonable efforts to make and finalize a permanent placement for
the child have been made.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Except as provided in subdivision (g), at the review held every six months pursuant to subdivision (d), the reviewing body shall inquire about the progress being made to provide a permanent home for the child, shall consider the safety of the child, and shall determine all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The continuing necessity for, and appropriateness of, the placement. If the child is placed in a short-term residential therapeutic program on or after October 1, 2021, or a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to subdivision (l) of Section 366.1 in making this determination.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Identification of individuals other than the child’s siblings who are important to a child who is 10 years of age or older and
has been in out-of-home placement for six months or longer and actions necessary to maintain the child’s relationship with those individuals if those relationships are in the best interest of the child. The social worker shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the child’s siblings who are important to the child, and may ask any other child to provide that information, as appropriate. The social worker shall make efforts to identify other individuals who are important to the child, consistent with the child’s best interests.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The continuing appropriateness and extent of compliance with the permanent plan for the child, including efforts to maintain relationships between a child who is 10 years of age or older and who has been in out-of-home placement for six months or longer and individuals who are important to the child and
efforts to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment efforts and listing on an adoption exchange.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The extent of the agency’s compliance with the child welfare services case plan in making reasonable efforts either to return the child to the safe home of the parent or to complete whatever steps are necessary to finalize the permanent placement of the child. If the reviewing body determines that a second period of reunification services is in the child’s best interests, and that there is a significant likelihood of the child’s return to a safe home due to changed circumstances of the parent, pursuant to subdivision (f), the specific reunification services required to effect the child’s return to a safe home shall be described.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Whether there should be any limitation on the right of the parent or
guardian to make educational decisions or developmental services decisions for the child. That limitation shall be specifically addressed in the court order and may not exceed what is necessary to protect the child. If the court specifically limits the right of the parent or guardian to make educational decisions or developmental services decisions for the child, the court shall at the same time appoint a responsible adult to make educational decisions or developmental services decisions for the child pursuant to Section 361.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The adequacy of services provided to the child. The court shall consider the progress in providing the information and documents to the child as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The extent of progress the parents or legal guardians
have made toward alleviating or mitigating the causes necessitating placement in foster care.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The likely date by which the child may be returned to, and safely maintained in, the home, placed for adoption, legal guardianship, placed with a fit and willing relative, or, for an Indian child, in consultation with the child’s tribe, placed for tribal customary adoption, or, if the child is 16 years of age or older, and no other permanent plan is appropriate at the time of the hearing, in another planned permanent living arrangement.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Whether the child has any siblings under the court’s jurisdiction, and, if any siblings exist, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The nature of the relationship between the child and their siblings.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002. At the first review conducted for a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, the court shall inquire into the status of the development of a voluntary postadoption sibling contact agreement pursuant to subdivision (e) of Section 16002.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
If the siblings are not placed together, all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The frequency and nature of the visits between the siblings.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised and what needs to be accomplished in order for the visits to be unsupervised.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
If there are visits between the siblings, a description of the location and length of the visits.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Any plan to increase visitation between the siblings.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The impact of the sibling relationships on the child’s placement and planning for legal permanence.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The factors the court may consider as indicators of the nature of the child’s sibling relationships include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings
have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the child’s best emotional interests.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
For a child who is 14 years of age or older and for a nonminor dependent, the services needed to assist the child or nonminor dependent to make the transition from foster care to successful adulthood.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Whether or not reasonable efforts to make and finalize a permanent placement for the child have been made.
</html:p>
<html:p>Each licensed foster family agency shall submit reports for each child in its care, custody, and control to the court concerning the continuing appropriateness and extent of compliance with the child’s permanent plan, the extent of compliance with the case plan, and the type and
adequacy of services provided to the child.</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Unless their parental rights have been permanently terminated, the parent or parents of the child are entitled to receive notice of, and participate in, those hearings. It shall be presumed that continued care is in the best interests of the child, unless the parent or parents prove, by a preponderance of the evidence, that further efforts at reunification are the best alternative for the child. In those cases, the court may order the parent or parents be provided further reunification services, for up to a period of six months, and family maintenance services, as needed for an additional six months, to return the child to a safe home environment. This subdivision does not apply to the parents of a nonminor dependent.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
At the review conducted by the court and held at least every six months, regarding a child for whom the court has
ordered parental rights terminated and who has been ordered placed for adoption or for an Indian child for whom parental rights are not being terminated and a tribal customary adoption is being considered, the county welfare department shall prepare and present to the court a report describing the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The child’s present placement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The child’s current physical, mental, emotional, and educational status.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the child has not been placed with a prospective adoptive parent or guardian, identification of individuals, other than the child’s siblings, who are important to the child and actions necessary to maintain the child’s relationship with those individuals, provided that those relationships are in the best interest of the child. The agency shall ask every child who is 10 years of age or older to
identify any individuals who are important to the child, consistent with the child’s best interest, and may ask any child who is younger than 10 years of age to provide that information as appropriate. The agency shall make efforts to identify other individuals who are important to the child.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Whether the child has been placed with a prospective adoptive parent or parents.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Whether an adoptive placement agreement has been signed and filed.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If the child has not been placed with a prospective adoptive parent or parents, the efforts made to identify an appropriate prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment efforts and listing on an adoption exchange.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Whether the final adoption
order should include provisions for postadoptive sibling contact pursuant to Section 366.29.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The progress of the search for an adoptive placement if one has not been identified.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Any impediments to the adoption or the adoptive placement.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The anticipated date by which the child will be adopted or placed in an adoptive home.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
The anticipated date by which an adoptive placement agreement will be signed.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Recommendations for court orders that will assist in the placement of the child for adoption or in the finalization of the adoption.
</html:p>
<html:p>The court shall determine whether reasonable efforts to make and finalize a permanent placement
for the child have been made.</html:p>
<html:p>The court shall make appropriate orders to protect the stability of the child and to facilitate and expedite the permanent placement and adoption of the child.</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At the review held pursuant to subdivision (d) for a child in foster care, the court shall consider all permanency planning options for the child including whether the child should be returned to the home of the parent, placed for adoption, or, for an Indian child, in consultation with the child’s tribe, placed for tribal customary adoption, or appointed a legal guardian, placed with a fit and willing relative, or, if compelling reasons exist for finding that none of the foregoing options are in the best interest of the child and the child is 16 years of age or older, whether the child should be placed in another planned permanent living arrangement. The court shall order that a hearing
be held pursuant to Section 366.26, unless it determines by clear and convincing evidence that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interest of the child because the child is being returned to the home of the parent, the child is not a proper subject for adoption, or no one is willing to accept legal guardianship as of the hearing date. If the county adoption agency, or the department when it is acting as an adoption agency, has determined it is unlikely that the child will be adopted or one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, that fact shall constitute a compelling reason for purposes of this subdivision. Only upon that determination may the court order that the child remain in foster care, without holding a hearing pursuant to Section 366.26. The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. The nonminor
dependent’s legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When the child is 16 years of age or older and in another planned permanent living arrangement, the court shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Ask the child about their desired permanency outcome.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Make a judicial determination explaining why, as of the hearing date, another planned permanent living arrangement is the best permanency plan for the child.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
State for the record the compelling reason or reasons why it continues not to be in the best interest of the child to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, be placed with a legal guardian, or be
placed with a fit and willing relative.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
When the child is 16 years of age or older and is in another planned permanent living arrangement, the social study prepared for the hearing shall include a description of all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, or establish a legal guardianship, as appropriate.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The steps taken to do both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Ensure that the child’s care provider is following the reasonable and prudent parent standard.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Determine whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including
consulting with the child about opportunities for the child to participate in those activities.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
When the child is under 16 years of age and has a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, the social study shall include a description of any barriers to achieving the permanent plan and the efforts made by the agency to address those barriers.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
If, as authorized by subdivision (h), the court orders a hearing pursuant to Section 366.26, the court shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment, as provided for in subdivision (i) of Section 366.21 or subdivision (c) of Section 366.22. A hearing held pursuant to Section 366.26 shall be held no later than 120 days from the date of
the 12-month review at which it is ordered, and at that hearing the court shall determine whether adoption, tribal customary adoption, legal guardianship, placement with a fit and willing relative, or, for a child 16 years of age or older, another planned permanent living arrangement is the most appropriate plan for the child. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement. At the request of the nonminor dependent who has an established relationship with an adult determined to be the nonminor dependent’s permanent connection, the court may order adoption of the nonminor dependent pursuant to subdivision (f) of Section 366.31.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The reviews conducted pursuant to subdivision (a) or (d) may be conducted earlier than every six months if the court determines that an earlier review is in the best interests of the child or as court rules prescribe.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
On and after October 1, 2021, for reviews conducted pursuant to subdivision (a) or (d) for the child whose placement in a short-term residential therapeutic program has been reviewed and approved and, on and after July 1, 2022, for reviews conducted pursuant to subdivision (a) or (d) for the child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the report prepared for the review shall include evidence of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Ongoing assessment of the strengths and needs of the child continues to support the determination that the needs
of the child cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and the placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Documentation of the child’s specific treatment or service needs that will be met in the placement and the length of time the child is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Documentation
of the intensive and ongoing efforts made by the child welfare department, consistent with the child’s permanency plan, to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a kinship family home, resource family home, tribally approved home, or in another appropriate family-based setting.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_916D789C-7DC2-4C3F-9C5E-3045203CDCC2">
<ns0:Num>SEC. 75.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'366.31.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 366.31 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7E8B6BAC-48EF-466A-B344-FB23BF8236A5">
<ns0:Num>366.31.</ns0:Num>
<ns0:LawSectionVersion id="id_66E4754B-1EA4-442B-9DCC-DF534F431F65">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If a review hearing is the last review hearing to be held before the child attains 18 years of age, the court shall ensure all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The child’s case plan includes a plan for the child to satisfy one or more of the participation conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, so that the child is eligible to remain in foster care as a nonminor dependent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The child has been informed of their right to seek termination of dependency jurisdiction pursuant to Section 391, and understands the potential benefits of continued dependency.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The child is informed of their
right to have dependency reinstated pursuant to subdivision (e) of Section 388, and understands the potential benefits of continued dependency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
At the review hearing that occurs in the six-month period before the child attains 18 years of age, and at every subsequent review hearing for the nonminor dependent, as described in subdivision (v) of Section 11400, the report shall describe all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The child’s and nonminor dependent’s plans to remain in foster care and plans to meet one or more of the participation conditions as described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403 to continue to receive AFDC-FC benefits as a nonminor dependent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The efforts made and assistance provided to the child and nonminor dependent by the social worker or the probation officer so
that the child and nonminor dependent will be able to meet the participation conditions.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Efforts toward completing the items described in paragraph (2) of subdivision (e) of Section 391.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
On and after October 1, 2021, for a child or nonminor dependent whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child or nonminor dependent whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the report prepared for the review shall include evidence of all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Ongoing assessment of the strengths and needs of the child or nonminor dependent continues to support the determination that the needs of the child or nonminor dependent cannot be met by family members or in
another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child or nonminor dependent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Documentation of the child or nonminor dependent’s specific treatment or service needs that will be met in the placement and the length of time the child or nonminor dependent is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the child or nonminor dependent’s permanency plan, to prepare the child or nonminor dependent to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a kinship family home, a resource family home, a tribally approved home, or in another appropriate family-based setting, or, in the case of a nonminor dependent, in a supervised independent living setting.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a child or nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Whether the social worker or probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
This paragraph does not affect any applicable confidentiality law.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The reviews conducted pursuant to this section for a nonminor dependent shall be
conducted in a manner that respects the nonminor’s status as a legal adult, focused on the goals and services described in the youth’s transitional independent living case plan, as described in subdivision (y) of Section 11400, including whether the nonminor dependent requests the transfer of jurisdiction to a new county, efforts made to maintain connections with caring and permanently committed adults, and attended, as appropriate, by additional participants invited by the nonminor dependent.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For a nonminor dependent whose case plan is continued court-ordered family reunification services pursuant to Section 361.6, the court shall consider whether the nonminor dependent may safely reside in the home of the parent or guardian. If the nonminor cannot reside safely in the home of the parent or guardian or if it is not in the nonminor dependent’s best interest to reside in the home of the parent or guardian, the court must consider whether to
continue or terminate reunification services for the parent or legal guardian and whether the nonminor dependent requests the transfer of jurisdiction to a new county.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The review report shall include a discussion of all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Whether foster care placement continues to be necessary and appropriate.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The likely date by which the nonminor dependent may reside safely in the home of the parent or guardian or will achieve independence.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Whether the parent or guardian and nonminor dependent were actively involved in the development of the case plan.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Whether the social worker or probation officer has provided reasonable services designed to aid the parent or guardian
to overcome the problems that led to the initial removal of the nonminor dependent.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The extent of progress the parents or guardian have made toward alleviating or mitigating the causes necessitating placement in foster care.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Whether the nonminor dependent and parent, parents, or guardian are in agreement with the continuation of reunification services.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Whether continued reunification services are in the best interest of the nonminor dependent.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Whether there is a substantial probability that the nonminor dependent will be able to safely reside in the home of the parent or guardian by the next review hearing date.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The efforts to maintain the nonminor’s connections with
caring and permanently committed adults.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
The agency’s compliance with the nonminor dependent’s transitional independent living case plan, including efforts to finalize the nonminor’s permanent plan and prepare the nonminor dependent for independence.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
The progress in providing the information and documents to the nonminor dependent as described in Section 391.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For a nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Whether the social worker or probation officer has informed the nonminor dependent of the information in paragraph (2) of subdivision (h) of Section
366.1.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
This subparagraph does not affect any applicable confidentiality law.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education including career or technical education.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court shall inquire about the progress being made to provide a permanent home for the nonminor, shall consider the safety of the nonminor dependent, and shall determine all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The continuing
necessity for, and appropriateness of, the placement. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or is placed in a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to paragraph (4) of subdivision (b) in making this determination.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Whether the agency has made reasonable efforts to maintain relationships between the nonminor dependent and individuals who are important to the nonminor dependent.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The extent of the agency’s compliance with the case plan in making reasonable efforts or, in the case of an Indian child, active efforts, as described in Section 361.7, to create a safe home of the parent or guardian for the nonminor to reside in or to complete whatever steps are necessary to finalize the permanent placement of
the nonminor dependent.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The extent of the agency’s compliance with the nonminor dependent’s transitional independent living case plan, including efforts to finalize the youth’s permanent plan and prepare the nonminor dependent for independence.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The adequacy of services provided to the parent or guardian and to the nonminor dependent. The court shall consider the progress in providing the information and documents to the nonminor dependent as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The extent of progress the parents or legal guardians have made toward alleviating or mitigating the causes necessitating placement in foster care.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The likely date by which the nonminor dependent may safely reside in the home of the parent or guardian or, if the court is terminating reunification services, the likely date by which it is anticipated the nonminor dependent will achieve independence, or, for an Indian child, in consultation with the child’s tribe, placed for tribal customary adoption.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Whether the agency has made reasonable efforts as required in subparagraph (D) of paragraph (1) of subdivision (a) of Section 366 to establish or maintain the nonminor dependent’s relationship with their siblings who are under the juvenile court’s jurisdiction.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The services needed to assist the nonminor dependent to make the transition from foster care to successful adulthood.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Whether or not reasonable efforts to make and finalize a
permanent placement for the nonminor dependent have been made.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications
for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the court determines that a nonminor dependent may safely reside in the home of the parent or former guardian, the court may order the nonminor dependent to return to the family home. After the nonminor dependent returns to the family home, the court may terminate jurisdiction and proceed under applicable provisions of Section 391 or continue jurisdiction as a nonminor under subdivision (a) of Section 303 and hold hearings as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
At every
hearing for a nonminor dependent residing in the home of the parent or guardian, the court shall set a hearing within six months of the previous hearing. The court shall advise the parties of their right to be present. At least 10 calendar days before the hearing, the social worker or probation officer shall file a report with the court describing the services offered to the family and the progress made by the family in eliminating the conditions or factors requiring court supervision. The report shall address all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Whether the parent or guardian and the nonminor dependent were actively involved in the development of the case plan.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Whether the social worker or probation officer has provided reasonable services to eliminate the need for court supervision.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The progress of providing
information and documents to the nonminor dependent as described in Section 391.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The court shall inquire about progress being made, shall consider the safety of the nonminor dependent, and shall determine all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The continuing need for court supervision.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The extent of the agency’s compliance with the case plan in making reasonable efforts to maintain a safe family home for the nonminor dependent.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the court finds that court supervision is no longer necessary, the court shall terminate jurisdiction under applicable provisions of Section 391.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For a nonminor dependent who is no longer receiving court-ordered family reunification services and is in a
permanent plan of another planned permanent living arrangement, at the review hearing held every six months pursuant to subdivision (d) of Section 366.3, the reviewing body shall inquire about the progress being made to provide permanent connections with caring, committed adults for the nonminor dependent, shall consider the safety of the nonminor, shall consider the transitional independent living case plan, and whether the nonminor dependent requests the transfer of jurisdiction to a new county, and shall determine all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The continuing necessity for, and appropriateness of, the placement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The continuing appropriateness and extent of compliance with the permanent plan for the nonminor dependent, including efforts to identify and maintain relationships with individuals who are important to the nonminor dependent.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The extent of the agency’s compliance with the nonminor dependent’s transitional independent living case plan, including whether or not reasonable efforts have been made to make and finalize the youth’s permanent plan and prepare the nonminor dependent for independence.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Whether a prospective adoptive parent has been identified and assessed as appropriate for the nonminor dependent’s adoption under this section, whether the prospective adoptive parent has been informed about the terms of the written negotiated adoption assistance agreement pursuant to Section 16120, and whether adoption should be ordered as the nonminor dependent’s permanent plan. If nonminor dependent adoption is ordered as the nonminor dependent’s permanent plan, a hearing pursuant to subdivision (f) shall be held within 60 days. When the court orders a hearing pursuant to subdivision (f), it shall direct the
agency to prepare a report that shall include the provisions of paragraph (5) of subdivision (f).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For the nonminor dependent who is an Indian child, whether, in consultation with the nonminor’s tribe, the nonminor should be placed for tribal customary adoption.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The adequacy of services provided to the nonminor dependent. The court shall consider the progress in providing the information and documents to the nonminor dependent as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The likely date by which it is anticipated the nonminor dependent will achieve adoption or independence.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Whether the agency has made reasonable efforts as required
in subparagraph (D) of paragraph (1) of subdivision (a) of Section 366 to establish or maintain the nonminor dependent’s relationship with their siblings who are under the juvenile court’s jurisdiction.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The services needed to assist the nonminor dependent to make the transition from foster care to successful adulthood.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
When the hearing described in this subdivision is held pursuant to paragraph (3) or (4) of subdivision (d) of Section 366.3, and the nonminor dependent has a permanent plan of another planned permanent living arrangement, the court shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Ask the nonminor dependent about their desired permanency outcome.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Make a judicial determination explaining why, as of the hearing date, another planned permanent
living arrangement is the best permanency plan for the nonminor dependent.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
State for the record the compelling reason or reasons why it continues not to be in the best interest of the nonminor dependent to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, be placed with a legal guardian, or be placed with a fit and willing relative.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms
for the implementation of this paragraph.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At a hearing to consider a permanent plan of adoption for a nonminor dependent, the court shall
read and consider the report in paragraph (5) and receive other evidence that the parties may present. A copy of the executed negotiated agreement shall be attached to the report. If the court finds pursuant to this section that nonminor dependent adoption is the appropriate permanent plan, it shall make findings and orders to do the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Approve the adoption agreement and declare the nonminor dependent is the adopted child of the adoptive parent, and that the nonminor dependent and adoptive parents agree to assume toward each other the legal relationship of parents and child and to have all of the rights and be subject to all of the duties and responsibilities of that relationship.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Declare that the birth parents of the nonminor dependent are, from the time of the adoption, relieved of all parental duties toward, and responsibility for, the adopted nonminor dependent
and have no rights over the adopted nonminor dependent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court finds that the nonminor dependent and the prospective adoptive parent have mutually consented to the adoption, the court may enter the adoption order after it determines all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Whether the notice was given as required by law.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Whether the nonminor dependent and prospective adoptive parent are present for the hearing.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Whether the court has read and considered the assessment prepared by the social worker or probation officer.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Whether the court considered the wishes of the nonminor dependent.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If the nonminor dependent is
eligible, the prospective adoptive parent has signed the negotiated adoption assistance agreement pursuant to subdivision (g) of Section 16120, and whether a copy of the executed negotiated agreement is attached to the report.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Whether the adoption is in the best interest of the nonminor dependent.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the court orders the establishment of the nonminor dependent adoption, it shall dismiss dependency or transitional jurisdiction.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the court does not order the establishment of the nonminor dependent adoption, the nonminor dependent shall remain in a planned permanent living arrangement subject to periodic review of the juvenile court pursuant to this section.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
At least 10 calendar days before the hearing, the social worker or probation
officer shall file a report with the court and provide a copy of the report to all parties. The report shall describe the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Whether or not the nonminor dependent has any developmental disability and whether the proposed adoptive parent is suitable to meet the needs of the nonminor dependent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The length and nature of the relationship between the prospective adoptive parent and the nonminor dependent, including whether the prospective adoptive parent has been determined to have been established as the nonminor’s permanent connection.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Whether the nonminor dependent has been determined to be eligible for the adoption assistance program and, if so, whether the prospective adoptive parent has signed the negotiated adoption assistance agreement pursuant to subdivision (g) of Section 16120.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Whether a copy of the executed negotiated agreement is attached to the report.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Whether criminal background clearances were completed for the prospective adoptive parent as required by Section 671(a)(20)(A) and (a)(20)(C) of Title 42 of the United States Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Whether the prospective adoptive parent who is married and not legally separated from that spouse has the consent of the spouse, provided that the spouse is capable of giving that consent.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Whether the adoption of the nonminor dependent is in the best interests of the nonminor dependent and the prospective adoptive parent.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Whether the nonminor dependent and the prospective adoptive parent have mutually consented to the
adoption.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The social worker or probation officer shall serve written notice of the hearing in the manner and to the persons set forth in Section 295, including the prospective adoptive parent or parents, except that notice to the nonminor’s birth parents is not required.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Nothing in this section shall prevent a nonminor dependent from filing an adoption petition pursuant to Section 9300 of the Family Code.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Each licensed foster family agency shall submit reports for each nonminor dependent in its care to the court concerning the continuing appropriateness and extent of compliance with the nonminor dependent’s permanent plan, the extent of compliance with the transitional independent living case plan, and the type and adequacy of services provided to the nonminor dependent. The report shall document that the
nonminor has received all the information and documentation described in paragraph (2) of subdivision (e) of Section 391. If the court is considering terminating dependency jurisdiction for a nonminor dependent it shall first hold a hearing pursuant to Section 391.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
When the nonminor dependent is in another planned permanent living arrangement, the social study prepared for the hearing held under subdivision (e) shall include a description of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The intensive and ongoing efforts to return the nonminor dependent to the home of the parent, place the nonminor dependent for adoption, or place the nonminor dependent with a fit and willing relative, as appropriate.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The steps taken to do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Ensure that the
nonminor dependent’s care provider is following the reasonable and prudent parent standard.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Determine whether the nonminor dependent has regular, ongoing opportunities to engage in age- or developmentally appropriate activities, including consulting with the nonminor dependent about opportunities for the nonminor dependent to participate in those activities.
</html:p>
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<ns0:BillSection id="id_8AB51E8A-9E94-4BBC-AE89-076BC83FC342">
<ns0:Num>SEC. 76.</ns0:Num>
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Section 628 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_ABFA72D1-C90C-4139-A229-645A05743AAD">
<ns0:Num>628.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon delivery to the probation officer of a minor who has been taken into temporary custody under the provisions of this article, the probation officer shall immediately investigate the circumstances of the minor and the facts surrounding their being taken into custody and shall immediately release the minor to the custody of their parent, legal guardian, or responsible relative unless it can be demonstrated upon the evidence before the court that continuance in the home is contrary to the minor’s welfare and one or more of the following conditions exist:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of
another.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The minor is likely to flee the jurisdiction of the court.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The minor has violated an order of the juvenile court.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The probation officer’s decision to detain a minor who is currently a dependent of the juvenile court pursuant to Section 300 or the subject of a petition to declare the minor a dependent of the juvenile court pursuant to Section 300 and who has been removed from the custody of their parent or guardian by the juvenile court shall not be based on any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The minor’s status as a dependent of the juvenile court or as the subject of a petition to declare the minor a dependent of the juvenile court.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A determination that continuance in the
minor’s current placement is contrary to the minor’s welfare.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child welfare services department’s inability to provide a placement for the minor.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The probation officer shall immediately release a minor described in paragraph (2) to the custody of the child welfare services department or the minor’s current foster parent or other caregiver unless the probation officer determines that one or more of the conditions in paragraph (1) exist.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This section does not limit a probation officer’s authority to refer a minor to child welfare services.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, the probation
officer shall, as part of the investigation undertaken pursuant to subdivision (a), make reasonable efforts, as described in paragraph (5) of subdivision (d) of Section 727.4, to prevent or eliminate the need for removal of the minor from their home.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In any case in which there is reasonable cause for believing that a minor who is under the care of a physician or surgeon or a hospital, clinic, or other medical facility and cannot be immediately moved is a person described in subdivision (d) of Section 300, the minor shall be deemed to have been taken into temporary custody and delivered to the probation officer for the purposes of this chapter while the minor is at the office of the physician or surgeon or that medical facility.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
It is the intent of the Legislature that this subdivision shall comply with paragraph (29) of subsection (a) of Section
671 of Title 42 of the United States Code as added by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). It is further the intent of the Legislature that the identification and notification of relatives shall be made as early as possible after the removal of a youth who is at risk of entering foster care placement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the minor is detained and the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, then the probation officer shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, adult siblings, and other relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents. The probation officer shall provide to all adult relatives who are located, except
when that relative’s history of family or domestic violence makes notification inappropriate, within 30 days of the date on which the child is detained, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child has been removed from the custody of the child’s parent or parents, or guardians.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An explanation of the various options to participate in the care and placement of the child and support for the child’s family, including any options that may be lost by failing to respond. The notice shall provide information about providing care for the child, how to become a foster family home, approved relative or nonrelative extended family member, as defined in Section 362.7, kinship family home,
or resource family home, and additional services and support that are available in out-of-home placements. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. When oral notification is provided, the probation officer is not required to provide detailed information about the various options to help with the care and placement of the child.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The probation officer shall use due diligence in investigating the names and locations of the relatives, including any parent and alleged parent,
pursuant to paragraph (2), including, but not limited to, asking the child in an age-appropriate manner about any parent, alleged parent, and relatives important to the child, consistent with the child’s best interest, and obtaining information regarding the location of the child’s parents, alleged parents, and adult relatives. Each county probation department shall do both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Create and make public a procedure by which a parent and relatives of a child who has been removed from their parents or guardians may identify themselves to the county probation department and be provided with the notices required by paragraphs (1) and (2).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notify the State Department of Social Services, on or before January 1, 2024, in an email or other correspondence, whether it has adopted one of the suggested practices for family finding described in All-County Letter 18-42 and,
generally, whether the practice has been implemented through training, memoranda, manuals, or comparable documents. If a county probation department has not adopted one of the suggested practices for family finding described in All-County Letter 18-42, the county probation department shall provide a copy to the State Department of Social Services of its existing family finding policies and practices, as reflected in memoranda, handbooks, manuals, training manuals, or any other document, that are in existence prior to January 1, 2022.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The due diligence required under subparagraph (A) shall include family finding. For purposes of this section, “family finding” means conducting an investigation, including, but not limited to, through a computer-based search engine, to identify relatives and kin and to connect a child or youth, who may be disconnected from their parents, with those relatives and kin in an effort to provide family support and
possible placement. If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, “family finding” also includes contacting the Indian child’s tribe to identify relatives and kin.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
To the extent allowed by federal law as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if the probation officer did not conduct the identification and notification of relatives, as required in paragraph (2), but the court orders foster care placement, the probation officer shall conduct the investigation to find and notify relatives within 30 days of the placement order. Nothing in this section shall be construed to delay foster care placement for an individual child.
</html:p>
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<ns0:BillSection id="id_B36BB1F2-D694-44F7-B2DA-CFDB86CCC2B3">
<ns0:Num>SEC. 77.</ns0:Num>
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Section 706.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_D5A215E9-9021-4666-9D83-B5AA9C6E0580">
<ns0:Num>706.5.</ns0:Num>
<ns0:LawSectionVersion id="id_A7D28ECA-44C7-4EAC-BD31-496CBFE9D8A3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If placement in foster care is recommended by the probation officer, or where the minor is already in foster care placement or pending placement pursuant to an earlier order, the social study prepared by the probation officer that is received into evidence at disposition pursuant to Section 706 shall include a case plan, as described in Section 706.6. If the court elects to hold the first status review at the disposition hearing, the social study shall also include, but not be limited to, the factual material described in subdivision (c).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If placement in foster care is not recommended by the probation officer prior to disposition, but the court orders foster care placement, the court shall order the probation officer to prepare a case plan, as described in
Section 706.6, within 30 days of the placement order. The case plan shall be filed with the court.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
At each status review hearing, the social study shall include, but not be limited to, an updated case plan as described in Section 706.6 and the following information:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The continuing necessity for and appropriateness of the placement.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
On and after October 1, 2021, for the minor or nonminor dependent whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for the minor or nonminor dependent whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 727.12, the social study shall include evidence of each of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Ongoing assessment of the strengths and needs of the minor or nonminor dependent continues to support the determination that the needs of the minor or nonminor dependent cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate level of care in the least restrictive environment, and the placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the minor or nonminor dependent.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Documentation of the minor or nonminor dependent’s specific treatment or service needs that will be met in the placement, and the length of time the minor or nonminor dependent is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services
and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Documentation of the intensive and ongoing efforts made by the probation department, consistent with the minor or nonminor dependent’s permanency plan, to prepare the minor or nonminor dependent to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a kinship family home, resource family home, tribally approved home, or in another appropriate family-based setting, or, in the case of a nonminor dependent, in a supervised independent living setting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The extent of the probation department’s compliance with the case
plan in making reasonable efforts to safely return the minor to the minor’s home or to complete whatever steps are necessary to finalize the permanent placement of the minor.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The extent of progress that has been made by the minor and parent or guardian toward alleviating or mitigating the causes necessitating placement in foster care.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the first permanency planning hearing has not yet occurred, the social study shall include the likely date by which the minor may be returned to and safely maintained in the home or placed for adoption, appointed a legal guardian, permanently placed with a fit and willing relative, or referred to another planned permanent living arrangement.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Whether the minor has been or will be referred to educational services and what services the minor is receiving, including special
education and related services if the minor has exceptional needs as described in Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code or accommodations if the child has disabilities as described in Chapter 16 (commencing with Section 701) of Title 29 of the United States Code Annotated. The probation officer or child advocate shall solicit comments from the appropriate local education agency prior to completion of the social study.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If the parent or guardian is unwilling or unable to participate in making an educational or developmental services decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational or developmental services decisions for the child, the probation department shall consider whether the right of the parent or guardian to make educational or developmental services decisions for the minor should be limited. If the study
makes that recommendation, it shall identify whether there is a responsible adult available to make educational or developmental services decisions for the minor pursuant to Section 726.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
When the minor is 16 years of age or older and in another planned permanent living arrangement, the social study shall include a description of all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The intensive and ongoing efforts to return the minor to the home of the parent, place the minor for adoption, or establish a legal guardianship, as appropriate.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The steps taken to do both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Ensure that the minor’s care provider is following the reasonable and prudent parent standard.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Determine whether the
minor has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the minor about opportunities for the minor to participate in the activities.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
When the minor is under 16 years of age and has a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, the social study shall include a description of any barriers to achieving the permanent plan and the efforts made by the agency to address those barriers.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a child who is 10 years of age or older and has been declared a ward of the juvenile court pursuant to Section 601 or 602 for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a child who is 10 years of age
or older, whether the probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This paragraph does not affect any applicable confidentiality law.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
For a child who is 16 years of age or older or for a nonminor dependent, whether the probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
A copy of each child and family team action plan, as required by
subparagraph (B) of paragraph (5) of subdivision (a) of Section 16501, that is completed on or after January 1, 2026, and was not previously provided to the court.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
At each permanency planning hearing, the social study shall include, but not be limited to, an updated case plan as described in Section 706.6, the factual material described in subdivision (c) of this section, and a recommended permanent plan for the minor.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_0B86C6D5-54A3-47F1-83FB-4950ACC117F7">
<ns0:Num>SEC. 78.</ns0:Num>
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Section 706.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_840DF780-A30D-40FC-90C8-7336448A2E19">
<ns0:Num>706.6.</ns0:Num>
<ns0:LawSectionVersion id="id_70FE8B71-764B-4B3F-A111-5E321C74CFD9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For the purposes of this section, “child and family team” has the same meaning as in paragraph (4) of subdivision (a) of Section 16501.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In its development of the case plan, the probation agency shall consider and document any recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Documentation of the preplacement assessment of the minor’s and family’s strengths and service needs showing that preventive services have been provided, and that reasonable efforts to prevent out-of-home placement have been made. The assessment shall include the type of placement best equipped to meet those needs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A description of the type of home or institution in which the minor is to be placed, and the reasons for that placement decision, including a discussion of the safety and appropriateness of the placement, including the recommendations of the child and family team, if available.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An appropriate placement is a placement in the least restrictive, most family-like environment that promotes normal childhood experiences, in closest proximity to the minor’s home, that meets the minor’s best interests and special needs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Effective January 1, 2010, to ensure the educational stability of the child while in foster care, both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Information providing assurances that the placement agency has taken into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Information providing assurances that the placement agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement, or, if remaining in that school is not in the best interests of the child, that the placement agency and the local educational agency are to provide immediate and appropriate enrollment in a new school and provide all of the child’s educational
records to the new school.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Specific time-limited goals and related activities designed to enable the safe return of the minor to the minor’s home, or in the event that return to the minor’s home is not possible, activities designed to result in permanent placement or emancipation. Specific responsibility for carrying out the planned activities shall be assigned to one or more of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The probation department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The minor’s parent or parents or legal guardian or guardians, as applicable.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The minor.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The foster parents or licensed agency providing foster care.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The projected date of completion of
the case plan objectives and the date services will be terminated.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Scheduled visits between the minor and the minor’s family and an explanation if no visits are made.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Whether the child has other siblings, and, if any siblings exist, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The nature of the relationship between the child and the child’s siblings.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The appropriateness of developing or maintaining the sibling relationships under Section 16002.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
If the siblings are not placed together, all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The frequency and nature of the visits between the siblings.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
If there are visits between the siblings, a description of the location and length of the visits.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Any plan to increase visitation between the siblings.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The impact of the sibling relationships on the child’s placement and
planning for legal permanence.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The continuing need to suspend sibling interaction, if applicable, under subdivision (c) of Section 16002.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The factors the court may consider in making a determination regarding the nature of the child’s sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with the child’s sibling, as applicable, and whether ongoing contact is in the child’s best emotional interests.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
When placement is made in a kinship family home,
resource family home, short-term residential therapeutic program, or other children’s residential facility that is either a substantial distance from the home of the minor’s parent or legal guardian or out of state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interest of the minor.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
When an out-of-state residential facility placement is recommended or made, the case plan shall comply with Section 727.1 of this code and Section 7911.1 of the Family Code. In addition, the case plan shall include documentation that the county placing agency has satisfied Section 16010.9. The case plan also shall address what in-state services or facilities were used or considered and why they were not recommended.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
If applicable, efforts to make it possible to place siblings together, unless it has been determined that
placement together is not in the best interest of one or more siblings.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A schedule of visits between the minor and the probation officer, including a monthly visitation schedule for those children placed in short-term residential therapeutic programs or out-of-state residential facilities, as defined in subdivision (b) of Section 7910 of the Family Code.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Health and education information about the minor, school records, immunizations, known medical problems, and any known medications the minor may be taking, names and addresses of the minor’s health and educational providers; the minor’s grade level performance; assurances that the minor’s placement in foster care takes into account proximity to the school in which the minor was enrolled at the time of placement; and other relevant health and educational information.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a permanency planning hearing, an updated recommendation for a permanent plan for the minor. The identified permanent plan for a minor under 16 years of age shall be to return home, adoption, legal guardianship, or placement with a fit and willing relative. The case plan shall identify any barriers to achieving legal permanence and the steps the agency will take to address those barriers.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If, after considering reunification, adoptive placement, legal guardianship, or permanent placement with a fit
and willing relative the probation officer recommends placement in a planned permanent living arrangement for a minor 16 years of age or older, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the minor’s best interest. For purposes of this subdivision, a “compelling reason” shall have the same meaning as in subdivision (c) of Section 727.3. The case plan shall also identify the intensive and ongoing efforts to return the minor to the home of the parent, place the minor for adoption, establish a legal guardianship, or place the minor with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the minor.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
For each review hearing, an updated description of the services that have been provided to the minor under the plan and an evaluation of the appropriateness and effectiveness
of those services.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
A statement that the parent or legal guardian and the minor have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation of why the parent, legal guardian, or minor was not able to participate or sign the case plan.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
For a minor in out-of-home care who is 14 years of age or older, a written description of the programs and services, which will help the minor prepare for the transition from foster care to successful adulthood.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
On and after the date required by paragraph (9) of subdivision (h) of Section 11461:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The minor’s tier, if applicable, as determined by the IP-CANS assessment for purposes of the
Tiered Rate Structure under subdivision (h) of Section 11461.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If applicable, the plan to meet the minor’s immediate needs, as defined in paragraph (2) of subdivision (c) of Section 16562, using funding made available for that purpose.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The strengths building activities the minor is engaged in, or desires to be engaged in, a brief description of the strengths building goals identified in the IP-CANS, and the Spending Plan Report, as defined in subdivision (c) of Section 16565, for a minor eligible for the Strengths Building Child and Family Determination Program established in Section 16565.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The agency selecting a placement shall consider, in order of priority:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Placement with relatives, nonrelative extended family members, a kinship family, and tribal members.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Foster family homes and resource families of foster family agencies.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Treatment and intensive treatment certified homes or resource families of foster family agencies, or multidimensional treatment foster homes or therapeutic foster care homes.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Group care placements in the following
order:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Short-term residential therapeutic programs.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Group homes vendored by a regional center.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Community treatment facilities.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Out-of-state residential facilities as authorized by subdivision (b) of Section 727.1.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In an Indian child custody proceeding as defined in subdivision (d) of Section 224.1, the placement shall comply with the placement preferences set forth in Section 361.31.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Although the placement options shall be considered in the preferential order specified in paragraph (1), the placement of a child may be with any of these placement settings in order to ensure the selection of a safe
placement setting that is in the child’s best interests and meets the child’s special needs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A minor may be placed into a community care facility licensed as a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400, provided the case plan indicates that the placement is for the purposes of providing short-term, specialized, intensive, and trauma-informed treatment for the minor, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the minor to a less restrictive environment and the projected timeline by which the minor will be transitioned to a less restrictive environment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
On and after October 1, 2021, within 30 days of the minor’s placement in a short-term residential therapeutic program, and, on and after July 1, 2022, within 30
days of the minor’s placement in a community treatment facility, the case plan shall document all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The reasonable and good faith effort by the probation officer to identify and include all required individuals in the child and family team.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
All contact information for members of the child and family team, as well as contact information for other relatives and nonrelative extended family members who are not part of the child and family team.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Evidence that meetings of the child and family team, including the meetings related to the determination required under Section 4096, are held at a time and place convenient for the family.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
If reunification is the goal, evidence that the parent from whom the minor or nonminor
dependent was removed provided input on the members of the child and family team.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Evidence that the determination required under Section 4096 was conducted in conjunction with the child and family team.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The placement preferences of the minor or nonminor dependent and the child and family team relative to the determination and, if the placement preferences of the minor or nonminor dependent or the child and family team are not the placement setting recommended by the qualified individual conducting the determination, the reasons why the preferences of the team or minor or nonminor dependent were not recommended.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Following the court review required pursuant to Section 727.12, the case plan shall document the court’s approval or disapproval of the placement.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
When the minor or nonminor dependent has been placed in a short-term residential therapeutic program or a community treatment facility for more than 12 consecutive months or 18 nonconsecutive months, or, in the case of a minor who has not attained 13 years of age, for more than 6 consecutive or nonconsecutive months, the case plan shall include both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Documentation of the information submitted to the court pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 706.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Documentation that the chief probation officer of the county probation department, or their designee, has approved the continued placement of the minor or nonminor dependent in the setting.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
On and after October 1,
2021, prior to discharge from a short-term residential therapeutic program, and, on and after July 1, 2022, prior to discharge from a community treatment facility, the case plan shall include a description of the type of in-home or institution-based services to encourage the safety, stability, and appropriateness of the next placement, including the recommendations of the child and family team, if available.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A plan, developed in collaboration with the short-term residential therapeutic program or community treatment facility, as applicable, for the provision of discharge planning and family-based aftercare support pursuant to Section 4096.6.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B6C00F27-0A68-41E5-B290-91812060F3A1">
<ns0:Num>SEC. 79.</ns0:Num>
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Section 727 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_070F2FA0-E7B8-408E-BEDC-90F017099E46">
<ns0:Num>727.</ns0:Num>
<ns0:LawSectionVersion id="id_FD7A84FB-73EF-4318-BA0A-B5BC411B5CF5">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a minor or nonminor is adjudged a ward of the court on the ground that the minor or nonminor is a person described by Section 601 or 602, the court may make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor or nonminor, including medical treatment, subject to further order of the court.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In the discretion of the court, a ward may be ordered to be on probation without supervision of the probation officer. The court, in so ordering, may impose on the ward any and all reasonable conditions of behavior as may be appropriate under this disposition. A minor or nonminor who has been adjudged a ward of the court on the basis of the commission of any of the offenses described in
subdivision (b) or paragraph (2) of subdivision (d) of Section 707, Section 459 of the Penal Code, or subdivision (a) of Section 11350 of the Health and Safety Code, shall not be eligible for probation without supervision of the probation officer. A minor or nonminor who has been adjudged a ward of the court on the basis of the commission of an offense involving the sale or possession for sale of a controlled substance, except misdemeanor offenses involving marijuana, as specified in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, or of an offense in violation of Section 32625 of the Penal Code, shall be eligible for probation without supervision of the probation officer only if the court determines that the interests of justice would best be served and states reasons on the record for that determination.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In all other cases, the court shall order the care, custody, and control of the minor or nonminor
to be under the supervision of the probation officer.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
It is the responsibility, pursuant to Section 672(a)(2)(B) of Title 42 of the United States Code, of the probation agency to determine the appropriate placement for the ward once the court issues a placement order. In determination of the appropriate placement for the ward, the probation officer shall consider any recommendations of the child and family. In an Indian child custody proceeding, as defined in subdivision (d) of Section 224.1, the provisions of Section 361.31 shall apply. The probation agency may place the minor or nonminor in any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The approved home of a relative or the approved home of a
nonrelative, extended family member, as defined in Section 362.7, or, in an Indian child custody proceeding, an extended family member, as defined in paragraph (1) of subdivision (c) of Section 224.1. If a decision has been made to place the minor in the home of a relative, the court may authorize the relative to give legal consent for the minor’s medical, surgical, and dental care and education as if the relative caregiver were the custodial parent of the minor.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A foster home, the approved home of
a kinship family, as defined in Section 16519.4, a resource family, as defined in Section 16519.5, a tribally approved home, as described by subdivision (r) of Section 224.1 and Section 10553.12, or a home or
facility, as described in Section 361.31 and Section 105 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1915).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A suitable licensed community care facility, as identified by the probation officer, except a youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, in a suitable kinship family home or resource family home.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A minor or nonminor dependent may be placed in a group home vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations or a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code. The placing agency shall also comply with requirements set forth in paragraph (9) of subdivision (e) of Section 361.2, that includes, but is not limited to, authorization, limitation on length of stay, extensions, and additional requirements related to minors. For youth 13 years of age or older, the chief probation officer of the county probation department, or their designee, shall approve the placement if it is longer than 12 months, and no less frequently than every 12 months thereafter.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A minor adjudged a
ward of the juvenile court shall be entitled to participate in age-appropriate extracurricular, enrichment, and social activities. A state or local regulation or policy shall not prevent, or create barriers to, participation in those activities. Each state and local entity shall ensure that private agencies that provide foster care services to wards have policies consistent with this section and that those agencies promote and protect the ability of wards to participate in age-appropriate extracurricular, enrichment, and social activities. A short-term residential therapeutic program or a group home administrator, a facility manager, or their responsible designee, and a caregiver, as defined in paragraph (1) of subdivision (a) of Section 362.04, shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04, in determining whether to give permission for a minor residing in foster care to participate in extracurricular, enrichment, and social activities. A
short-term residential therapeutic program or a group home administrator, a facility manager, or their responsible designee, and a caregiver shall take reasonable steps to determine the appropriateness of the activity taking into consideration the minor’s age, maturity, and developmental level. For every minor placed in a setting described in subparagraphs (A) through (E), inclusive, age-appropriate extracurricular, enrichment, and social activities shall include access to computer technology and the internet.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A short-term residential therapeutic program or a group home administrator, facility manager, or their responsible designee, is encouraged to consult with social work or treatment staff members who are most familiar with the minor at the group home or short-term residential therapeutic program in applying and using the reasonable and prudent parent standard.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
For
nonminors, an approved supervised independent living setting, as defined in Section 11400, including a residential housing unit certified by a licensed transitional housing placement provider.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The minor or nonminor shall be released from juvenile detention upon an order being entered under paragraph (3), unless the court determines that a delay in the release from detention is reasonable pursuant to Section 737.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
To facilitate coordination and cooperation among agencies, the court may, at any time after a petition has been filed, after giving notice and an opportunity to be heard, join in the juvenile court proceedings any agency that the court determines has failed to meet a legal obligation to provide services to a minor, for whom a petition has been filed under Section 601 or 602, to a nonminor, as described in Section 303, or to a nonminor
dependent, as defined in subdivision (v) of Section 11400. In any proceeding in which an agency is joined, the court shall not impose duties upon the agency beyond those mandated by law. The purpose of joinder under this section is to ensure the delivery and coordination of legally mandated services to the minor. The joinder shall not be maintained for any other purpose. Nothing in this section shall prohibit agencies that have received notice of the hearing on joinder from meeting prior to the hearing to coordinate services.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The court has no authority to order services unless it has been determined through the administrative process of an agency that has been joined as a party, that the minor, nonminor, or nonminor dependent is eligible for those services. With respect to mental health assessment, treatment, and case management services pursuant to an individualized education program developed pursuant to Article 2 (commencing with Section
56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, the court’s determination shall be limited to whether the agency has complied with that chapter.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For the purposes of this subdivision, “agency” means any governmental agency or any private service provider or individual that receives federal, state, or local governmental funding or reimbursement for providing services directly to a child, nonminor, or nonminor dependent.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If a minor has been adjudged a ward of the court on the ground that the minor is a person described in Section 601 or 602, and the court finds that notice has been given in accordance with Section 661, and if the court orders that a parent or guardian shall retain custody of that minor either subject to or without the supervision of the probation officer, the parent or guardian may be required to participate with that minor in a
counseling or education program, including, but not limited to, parent education and parenting programs operated by community colleges, school districts, or other appropriate agencies designated by the court.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The juvenile court may direct any reasonable orders to the parents and guardians of the minor who is the subject of any proceedings under this chapter as the court deems necessary and proper to carry out subdivisions (a), (b), and (c), including orders to appear before a county financial evaluation officer, to ensure the minor’s regular school attendance, and to make reasonable efforts to obtain appropriate educational services necessary to meet the needs of the minor.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If counseling or other treatment services are ordered for the minor, the parent, guardian, or foster parent shall be ordered to participate in those services, unless
participation by the parent, guardian, or foster parent is deemed by the court to be inappropriate or potentially detrimental to the minor.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The court may, after receipt of relevant testimony and other evidence from the parties, affirm or reject the placement determination. If the court rejects the placement determination, the court may instruct the probation department to determine an alternative placement for the ward, or the court may modify the placement order to an alternative placement recommended by a party to the case after the court has received the probation department’s assessment of that recommendation and other relevant evidence from the parties.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E641AA91-D7E5-4261-BABF-CF80E451B051">
<ns0:Num>SEC. 80.</ns0:Num>
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Section 727.05 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_3A3846E0-2B12-4857-86E1-6C5D5EAD5619">
<ns0:Num>727.05.</ns0:Num>
<ns0:LawSectionVersion id="id_07913C5B-A2FA-422E-8956-1678485A15B7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding paragraph (4) of subdivision (a) of Section 727, the probation agency may make an emergency placement of a minor ordered into its care, custody, and control with a relative or nonrelative extended family member.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Prior to making the emergency placement, the probation agency shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Conduct an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the minor’s needs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Ensure that a state-level criminal records check is conducted by an appropriate government agency through the California Law Enforcement
Telecommunications System (CLETS) pursuant to Section 16504.5 for all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Any person over 18 years of age living in the home of the relative or nonrelative extended family member who seeks emergency placement of the minor, excluding any person who is a nonminor dependent, as defined in subdivision (v) of Section 11400.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
At the discretion of the probation agency, any person over 18 years of age known to the agency to be regularly present in the home, other than any professional providing professional services to the minor.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
At the discretion of the agency, any person over 14 years of age living in the home who the agency believes may have a criminal record, excluding any child who is under the jurisdiction of the juvenile court.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Conduct a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the CLETS information that is obtained pursuant to paragraph (2) of subdivision (b) indicates that a person has no criminal record, the probation agency may place the minor in the home on an emergency basis.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the CLETS information obtained pursuant to paragraph (2) of subdivision (b) indicates that a person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the minor shall not be placed in the home unless a criminal records exemption has been granted using the exemption criteria specified in paragraph (2) of subdivision (g) of Section 1522 of the
Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2), a minor may be placed on an emergency basis if the CLETS information obtained pursuant to paragraph (2) of subdivision (b) indicates that the person has been convicted of an offense not described in subclause (II) of clause (i) of subparagraph (B) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, pending a criminal records exemption decision based on live scan fingerprint results if all of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The conviction does not involve an offense against a child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The chief probation officer, or their designee, determines that the placement is in the best interests of the minor.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
No party to the case objects to the placement.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
If the CLETS information obtained pursuant to paragraph (2) of subdivision (b) indicates that the person has been arrested for any offense described in paragraph (2) of subdivision (e) of Section 1522 of the Health and Safety Code, the minor shall not be placed on an emergency basis in the home until the investigation required by paragraph (1) of subdivision (e) of Section 1522 of the Health and Safety Code has been completed and the chief probation officer, or their designee, and the court have considered the investigation results when determining whether the placement is in the best interests of the child.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the CLETS information obtained pursuant to paragraph (2) of subdivision (b) indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the minor shall not
be placed in the home on an emergency basis.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (2) and (5), or the placement recommendation of the county probation agency, the court may authorize the placement of a child on an emergency basis in the home of a relative, as defined in subdivision (m) of Section 11400, a nonrelative extended family member, as defined in Section 362.7, or an extended family member of an Indian child, as defined in subdivision (c) of Section 224.1, regardless of the status of any criminal record exemption, kinship family approval, or resource family approval, if the court finds that the placement does not pose a risk to the health
and safety of the child.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the relative or nonrelative extended family member has not submitted an application for approval as a kinship family or
resource family at the time of the emergency placement, the probation agency shall require the relative or nonrelative extended family member to submit the application and initiate the home environment assessment no later than five business days after the emergency placement.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Unless the fingerprint clearance check has already been initiated, the probation agency shall ensure that, within five days of the emergency placement, a fingerprint clearance check of the relative or nonrelative extended family member and any other person whose criminal record was obtained pursuant to this section is initiated through the Department of Justice to ensure the accuracy of the criminal records check conducted through the CLETS and to ensure criminal record clearance of the relative or nonrelative extended family member and all adults in the home pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 16519.5 and any
associated written directives or regulations.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
An identification card from a foreign consulate or foreign passport shall be considered a valid form of identification for conducting a criminal records check pursuant to this section.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_A65D96FF-B21B-4229-B410-ADA8AD960BD8">
<ns0:Num>SEC. 81.</ns0:Num>
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Section 727.12 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_2CCEAE56-B70D-45FB-9D16-D230F44E8A3A">
<ns0:Num>727.12.</ns0:Num>
<ns0:LawSectionVersion id="id_238604E5-6794-46CE-9B7F-F0163ECD2CAE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For a placement made on and after October 1, 2021, each placement of the minor or nonminor dependent in a short-term residential therapeutic program, including the initial placement and each subsequent placement into a short-term residential therapeutic program, shall be reviewed by the court within 45 days of the start of placement in accordance with this section. In no event shall the court grant a continuance pursuant to Section 682 that would cause the review to be completed more than 60 days after the start of the placement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For a placement made on and after July 1, 2022, each placement of the minor or nonminor dependent in a community treatment facility, including the initial placement and each subsequent placement into a
community treatment facility, shall be reviewed by the court within 45 days of the start of placement in accordance with this section. In no event shall the court grant a continuance pursuant to Section 682 that would cause the review to be completed more than 60 days after the start of the placement.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
At any time after the decision to place a minor or nonminor dependent into a short-term residential therapeutic program or a community treatment facility has been made, but no later than five calendar days following each placement, the probation officer shall request the juvenile court to schedule a hearing to review the placement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The probation officer shall serve a copy of the request on all parties to the delinquency proceeding, the minor’s court-appointed special advocate, if applicable, and the minor’s tribe in the case of an Indian child to
whom subparagraph (E) of paragraph (1) of subdivision (d) of Section 224.1 applies.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The probation officer shall prepare and submit a report that shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A copy of the assessment, determination, and documentation prepared by the qualified individual pursuant to subdivision (g) of Section 4096.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The case plan documentation required pursuant to subparagraph (B) of paragraph (3) of subdivision (d) of Section 706.6.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In the case of an Indian child, a statement regarding whether the minor’s tribe had an opportunity to confer regarding the departure from the placement preferences described in Section 361.31, and the active efforts made prior to placement in a short-term therapeutic program or
community treatment facility to satisfy subdivision (f) of Section 224.1.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A statement regarding whether the minor or nonminor dependent or any party to the proceeding, or minor’s tribe in the case of an Indian child to whom subparagraph (E) of paragraph (1) of subdivision (d) of Section 224.1 applies, objects to the placement of the minor or nonminor dependent in the short-term residential therapeutic program or community treatment facility.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The probation officer shall serve a copy of the report on all parties to the proceeding no later than seven calendar days before the hearing.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Within five calendar days of the request described in subdivision (b), the court shall set a hearing to be held within 45 days after the start of the placement and give notice of the hearing to all parties to the proceeding, and
the minor’s tribe in the case of an Indian child to whom subparagraph (E) of paragraph (1) of subdivision (d) of Section 224.1 applies.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
When reviewing each placement of the minor or nonminor dependent in a short-term residential therapeutic program or community treatment facility, the court shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Consider the information specified in subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Determine whether the needs of the minor or nonminor dependent can be met through placement in a family-based setting, or, if not, whether placement in a short-term residential therapeutic program or community treatment facility, as applicable, provides the most effective and appropriate care setting for the minor or nonminor dependent in the least restrictive environment. A shortage or lack of
kinship family homes or resource family homes shall not be an acceptable reason for determining that the needs of the minor or nonminor dependent cannot be met in a family-based setting.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Determine whether the short-term residential therapeutic program or community treatment facility level of care, as applicable, is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the minor or nonminor dependent.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In the case of an Indian child, determine whether there is good cause to depart from the placement preferences set forth in Section 361.31.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Approve or disapprove the placement.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Make a finding, either in writing or on the record, of the basis for its
determinations pursuant to this subdivision.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If the court disapproves the placement, the court shall order the probation officer to transition the minor or nonminor dependent to a placement setting that is consistent with the determinations made pursuant to subdivision (e) within 30 days of the disapproval.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section does not prohibit the court from reviewing the placement of a minor or nonminor dependent in a short-term residential therapeutic program or community treatment facility pursuant to subdivision (a) at a regularly scheduled hearing if that hearing is held within 60 days of the placement and the information described in subdivision (c) has been presented to the court.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before October 1, 2021, for placements into a short-term residential therapeutic program, the
Judicial Council shall amend or adopt rules of court and shall develop or amend appropriate forms, as necessary, to implement this section, including developing a procedure to enable the court to review the placement without a hearing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
On or before October 1, 2022, for placements into a community treatment facility, the Judicial Council shall amend or adopt rules of court and shall develop or amend appropriate forms, as necessary, to implement this section, including developing a procedure to enable the court to review the placement without a hearing.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_E3F453F0-07CC-420E-81E9-B2BD3200210B">
<ns0:Num>SEC. 82.</ns0:Num>
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Section 727.4 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_8E1631BD-361A-49F5-9337-B53F0F7F07EB">
<ns0:Num>727.4.</ns0:Num>
<ns0:LawSectionVersion id="id_C86E4B4F-A0DE-4C31-9BFD-CF2B18144D87">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notice of any hearing pursuant to Section 727, 727.2, or 727.3 shall be served by the probation officer to the minor, the minor’s parent or guardian, any adult provider of care to the minor, including, but not limited to, foster parents, relative caregivers, preadoptive parents, kinship family, resource family, community care facility, or foster family agency, and to the counsel of record if the counsel of record was not present at the time that the hearing was set by the court, by first-class mail addressed to the last known address of the person to be notified, by personal service on those persons, or by electronic service pursuant to Section 212.5, not earlier than 30 days nor later than 15
days preceding the date of the hearing. The notice shall contain a statement regarding the nature of the status review or permanency planning hearing and any change in the custody or status of the minor being recommended by the probation department. The notice shall also include a statement informing the foster parents, relative caregivers, or preadoptive parents that they may attend all hearings or may submit any information they deem relevant to the court in writing. The foster parents, relative caregiver, and preadoptive parents are entitled to notice and opportunity to be heard but need not be made parties to the proceedings. Proof of notice shall be filed with the court.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the court or probation officer knows or has reason to know that the minor is or may be an Indian child, any notice sent under this section shall comply with the requirements of Section 224.3.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
At
least 10 calendar days before each status review and permanency planning hearing, after the hearing during which the court orders that the care, custody, and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (a) of Section 727, the probation officer shall file a social study report with the court, pursuant to the requirements listed in Section 706.5.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The probation department shall inform the minor, the minor’s parent or guardian, and all counsel of record that a copy of the social study prepared for the hearing will be available 10 days before the hearing and may be obtained from the probation officer.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
As used in Article 15 (commencing with Section 625) to Article 18 (commencing with Section 725), inclusive:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Foster care” means residential care
provided in any of the settings described in Section 11402 or 11402.01.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“At risk of entering foster care” means that conditions within a minor’s family may necessitate their entry into foster care unless those conditions are resolved.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Preadoptive parent” means a licensed foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a licensed adoption agency.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Date of entry into foster care” means the date that is 60 days after the date on which the minor was removed from their home, unless one of the exceptions below applies:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If the minor is detained pending foster care placement, and remains detained for more than 60 days, then the date of entry into foster
care means the date the court adjudges the minor a ward and orders the minor placed in foster care under the supervision of the probation officer.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If, before the minor is placed in foster care, the minor is committed to a ranch, camp, school, or other institution pending placement, and remains in that facility for more than 60 days, then the “date of entry into foster care” is the date the minor is physically placed in foster care.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If at the time the wardship petition was filed, the minor was a dependent of the juvenile court and in out-of-home placement, then the “date of entry into foster care” is the earlier of the date the juvenile court made a finding of abuse or neglect, or 60 days after the date on which the child was removed from their home.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Reasonable efforts” means:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Efforts made to prevent or eliminate the need for removing the minor from the minor’s home.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Efforts to make it possible for the minor to return home, including, but not limited to, case management, counseling, parenting training, mentoring programs, vocational training, educational services, substance abuse treatment, transportation, and therapeutic day services.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Efforts to complete whatever steps are necessary to finalize a permanent plan for the minor.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
In an Indian child custody proceeding, as defined in subdivision (d) of Section 224.1, “reasonable efforts” includes all of the efforts described in subparagraphs (B) and (C), but they shall include all of the standards and requirements specified for “active efforts” as defined in
subdivision (f) of Section 224.1 and as required by Section 361.7.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Relative” means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” “grand,” or the spouse of any of these persons even if the marriage was terminated by death or dissolution. “Relative” shall also include an “extended family member” as defined in Section 224.1.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Hearing” means a noticed proceeding with findings and orders that are made on a case-by-case basis, heard by either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A judicial officer, in a courtroom, recorded by a court reporter.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An administrative panel, provided that the
hearing is a status review hearing and that the administrative panel meets the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The administrative review shall be open to participation by the minor and parents or legal guardians and all those persons entitled to notice under subdivision (a).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The minor and their parents or legal guardians receive proper notice as required in subdivision (a).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The administrative review panel is composed of persons appointed by the presiding judge of the juvenile court, the membership of which shall include at least one person who is not responsible for the case management of, or delivery of services to, the minor or the parents who are the subjects of the review.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The findings of the administrative review panel shall be submitted
to the juvenile court for the court’s approval and shall become part of the official court record.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C68D90A6-B6AA-4AF2-9747-E483747CBA28">
<ns0:Num>SEC. 83.</ns0:Num>
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Section 827 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_E621E542-AD47-4845-AE47-BC6CEBD2750B">
<ns0:Num>827.</ns0:Num>
<ns0:LawSectionVersion id="id_BDF5F5E1-FB6E-4F31-828A-A4E9F35A8510">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in Section 828, a case file may be inspected only by the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Court personnel.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The district attorney, a city attorney, or city prosecutor authorized to prosecute criminal or juvenile cases under state law.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The minor who is the subject of the proceeding.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The minor’s parent or guardian.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in
criminal or juvenile proceedings involving the minor.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The county counsel, city attorney, or any other attorney representing the county child welfare agency in dependency proceedings.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The county counsel or city attorney representing the child welfare agency or probation department in connection with the administration or review of child welfare or probation services provided by the agency or department to the subject of the case file or to that person’s sibling, parent, or legal guardian.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The superintendent or designee of the school district where the minor is enrolled or attending school.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Members of the child protective agencies as described in Section 11165.9 of the Penal Code.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The State Department of Social Services, to carry out its duties pursuant to Division 9 (commencing with Section 10000) of this code and Part 5 (commencing with Section 7900) of Division 12 of the Family Code to oversee and monitor county child welfare agencies, children in foster care or receiving foster care assistance, and out-of-state placements, Section 10850.4, and paragraph (2).
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Authorized staff who are employed by, or authorized staff of entities who are licensed by, the State Department of Social Services, as necessary to the performance of their duties related to kinship family or resource family approval, and authorized staff who are employed by the State Department of Social Services as necessary to inspect, approve, or license, and
monitor or investigate community care facilities, kinship families, or resource families, and to ensure that the standards of care and services provided in those facilities are adequate and appropriate, and to ascertain compliance with the rules and regulations to which the facilities are subject.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The confidential information shall remain confidential except for purposes of inspection, approval or licensing, or monitoring or investigation pursuant to Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the Health and Safety Code and Article 2 (commencing with Section
16519.3) of Chapter 5 of Part 4 of Division 9. The confidential information may also be used by the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and may not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Social Services determines that no further action will be taken in the matter. Except as otherwise provided in this subdivision, confidential information shall not contain the name of the minor.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Members of children’s multidisciplinary teams, persons, or agencies providing treatment or supervision of the minor.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
A judge, commissioner, or other hearing officer assigned to a family law case with issues concerning custody or visitation, or both, involving the minor, and the following persons, if actively participating in the family law case: a family court mediator assigned to a case involving the minor pursuant to Article 1 (commencing with Section 3160) of Chapter 11 of Part 2 of Division 8 of the Family Code, a court-appointed evaluator or a person conducting a court-connected child custody evaluation, investigation, or assessment pursuant to Section 3111 or 3118 of the Family Code, and counsel appointed for the minor in the family law case pursuant to Section 3150 of the Family Code. Prior to allowing counsel appointed for the minor in the family law case to inspect the
file, the court clerk may require counsel to provide a certified copy of the court order appointing the minor’s counsel.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
When acting within the scope of investigative duties of an active case, a statutorily authorized or court-appointed investigator who is conducting an investigation pursuant to Section 7663, 7851, or 9001 of the Family Code, or who is actively participating in a guardianship case involving a minor pursuant to Part 2 (commencing with Section 1500) of Division 4 of the Probate Code and acting within the scope of the investigator’s duties in that case.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
A local child support agency for the purpose of establishing paternity and establishing and enforcing child support orders.
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
Juvenile justice commissions as established under Section 225. The confidentiality provisions of Section 10850 shall
apply to a juvenile justice commission and its members.
</html:p>
<html:p>
(P)
<html:span class="EnSpace"/>
The Department of Justice, to carry out its duties pursuant to Sections 290.008 and 290.08 of the Penal Code as the repository for sex offender registration and notification in California.
</html:p>
<html:p>
(Q)
<html:span class="EnSpace"/>
Any other person who may be designated by court order of the judge of the juvenile court upon filing a petition.
</html:p>
<html:p>
(R)
<html:span class="EnSpace"/>
A probation officer who is preparing a report pursuant to Section 1178 on behalf of a person who was in the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Justice and who has petitioned the Board of Juvenile Hearings for an honorable discharge.
</html:p>
<html:p>
(S)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The attorneys in an administrative hearing involving the minor or nonminor only as
necessary to meet the requirements of Sections 10952 and 10952.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The confidential information shall remain confidential for purposes of the administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. The confidential information shall be sealed after the conclusion of the administrative hearing, and shall not subsequently be released except in accordance with this subdivision.
</html:p>
<html:p>
(T)
<html:span class="EnSpace"/>
Personnel of the State Department of Social Services, to carry out the duties of the department pursuant to paragraph (1) of subdivision (c) of Section 9100 of the Family Code or paragraph (3) of subdivision (e) of Section 366.26.
</html:p>
<html:p>
(U)
<html:span class="EnSpace"/>
Personnel of the Office of Youth and Community Restoration, to carry out the duties of the office pursuant to Sections
2200, 2200.2, 2200.5, and 2200.7.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The attorney representing a person who is, or was, subject to juvenile proceedings under Section 300, 601, or 602.
</html:p>
<html:p>
(W)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
An attorney representing a party in a civil proceeding filed by, or on behalf of, the person who is the subject of the juvenile case file, in which the defendant is either the child welfare agency, or probation department, or an employee of one of those entities, for use in the civil proceeding as provided in this subparagraph.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Information and copies of records from a juvenile case file received pursuant to this subparagraph may only be used in the civil proceeding and, consistent with paragraph (4), shall not be disseminated to anyone who is not entitled to access under this subparagraph or any other state law or federal law or
regulation, and shall not be used or made as an attachment to any other document in any other proceeding without the prior approval of the juvenile court.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Notwithstanding any other law, and subject to subparagraph (A) of paragraph (3), the immigration status of any individual in the juvenile case file, and information contained in the juvenile case file that pertains only to a sibling or to a minor who is not the subject of the juvenile case file, shall remain confidential and shall not be released pursuant to this subparagraph absent an order by the juvenile court.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Notwithstanding paragraph (4), information and copies of records from a juvenile case file may be provided to persons assisting the attorneys for the parties in the civil proceeding for their use in that proceeding without the prior approval of the court. Persons assisting the attorneys shall return all
copies of records from a juvenile case file provided by an attorney pursuant to this subparagraph at the conclusion of the civil proceeding.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
An attorney who obtains access to a juvenile case file pursuant to this subparagraph and provides copies of records to persons assisting the attorneys for the parties in the civil proceeding for their use in that proceeding pursuant to clause (iii) shall take appropriate steps to ensure that all of the copies of the records are returned to the attorney upon conclusion of the civil proceeding. The attorney shall also take appropriate steps to ensure that all copies of records from a juvenile case file obtained pursuant to this subparagraph are destroyed upon the conclusion of the civil proceeding consistent with other applicable laws.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
Any information and copies of records from a juvenile case file received pursuant to this
subparagraph that is submitted to the court or attached to pleadings in a civil action by an attorney representing a party other than the person who is the subject of the juvenile case file shall be submitted to the court with a motion or application for an order by the court for the submission or pleadings to be filed under seal, unless the judicial officer presiding over the civil matter rules otherwise. The person who is the subject of the juvenile case file may object during, or upon the conclusion of, the civil proceeding to any information or copies of records being filed under seal and may request that the information or records be filed without sealing. The court shall grant the request of the person who is the subject of the case file in regards to all information or records contained in the case file, except upon a finding of unusual circumstances.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “civil proceeding” means a civil action or a
government claim filed pursuant to Part 3 (commencing with Section 900) of Division 3.6 of Title 1 of the Government Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding any other law, and subject to subparagraph (A) of paragraph (3), juvenile case files, except those relating to matters within the jurisdiction of the court pursuant to Section 601 or 602, that pertain to a deceased child who was within the jurisdiction of the juvenile court pursuant to Section 300, shall be released to the public pursuant to an order by the juvenile court after a petition has been filed and interested parties have been afforded an opportunity to file an objection. Any information relating to another child or that could identify another child, except for information about the deceased, shall be redacted from the juvenile case file prior to release, unless a specific order is made by the juvenile court to the contrary. Except as provided in this paragraph, the
presiding judge of the juvenile court may issue an order prohibiting or limiting access to the juvenile case file, or any portion thereof, of a deceased child only upon a showing by a preponderance of evidence that release of the juvenile case file or any portion thereof is detrimental to the safety, protection, or physical or emotional well-being of another child who is directly or indirectly connected to the juvenile case that is the subject of the petition.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph represents a presumption in favor of the release of documents when a child is deceased unless the statutory reasons for confidentiality are shown to exist.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If a child whose records are sought has died, and documents are sought pursuant to this paragraph, no weighing or balancing of the interests of those other than a child is permitted.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A petition filed under this paragraph shall be served on interested parties by the petitioner, if the petitioner is in possession of their identity and address, and on the custodian of records. Upon receiving a petition, the custodian of records shall serve a copy of the request upon all interested parties that have not been served by the petitioner or on the interested parties served by the petitioner if the custodian of records possesses information, such as a more recent address, indicating that the service by the petitioner may have been ineffective.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The custodian of records shall serve the petition within 10 calendar days of receipt. If an interested party, including the custodian of records, objects to the petition, the party shall file and serve the objection on the petitioning party no later than 15 calendar days after service of the petition.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The
petitioning party shall have 10 calendar days to file a reply. The juvenile court shall set the matter for hearing no more than 60 calendar days from the date the petition is served on the custodian of records. The court shall render its decision within 30 days of the hearing. The matter shall be decided solely upon the basis of the petition and supporting exhibits and declarations, if any, the objection and any supporting exhibits or declarations, if any, and the reply and any supporting declarations or exhibits thereto, and argument at hearing. The court may, solely upon its own motion, order the appearance of witnesses. If an objection is not filed to the petition, the court shall review the petition and issue its decision within 10 calendar days of the final day for filing the objection. An order of the court shall be immediately reviewable by petition to the appellate court for the issuance of an extraordinary writ.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Access to juvenile
case files pertaining to matters within the jurisdiction of the juvenile court pursuant to Section 300 or Section 601 or 602 shall be limited as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
If a juvenile case file, or any portion thereof, is privileged or confidential pursuant to any other state law or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the juvenile case file or any portions thereof shall prevail. Unless a person is listed in subparagraphs (A) to (P), inclusive, or (V) or (W) of paragraph (1) and is entitled to access under the other state law or federal law or regulation without a court order, all those seeking access, pursuant to other authorization, to portions of, or information relating to the contents of, juvenile case files protected under another state law or federal law or regulation, shall petition the juvenile court. The juvenile court may only release the portion of, or
information relating to the contents of, juvenile case files protected by another state law or federal law or regulation if disclosure is not detrimental to the safety, protection, or physical or emotional well-being of a child, minor, or person who is directly or indirectly connected to the juvenile case that is the subject of the petition. This paragraph does not limit the ability of the juvenile court to carry out its duties in conducting juvenile court proceedings.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Prior to the release of the juvenile case file or any portion thereof, the court shall afford due process, including a notice of, and an opportunity to file an objection to, the release of the record or report to all interested parties.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
This paragraph does not limit or repeal any other applicable legal standard or protections designed to safeguard private, confidential, or privileged information.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be disseminated by the receiving persons or agencies to a person or agency, other than a person or agency authorized to receive documents pursuant to this section. Further, a juvenile case file, any portion thereof, and information relating to the content of the juvenile case file, may not be made as an attachment to any other documents without the prior approval of the presiding judge of the juvenile court, unless it is used in connection with, and in the course of, a criminal investigation or a proceeding brought to declare a person a dependent child or ward of the juvenile court, or as authorized by subparagraph (W) of paragraph (1).
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Individuals listed in subparagraphs (A), (B), (C), (D), (E), (F), (H), (I), (J), (P), (S), (T), (U), (V), and (W) of
paragraph (1) may also receive copies of the case file. For authorized staff of entities who are licensed by the State Department of Social Services, the confidential information shall be obtained through a child protective agency, as defined in subparagraph (H) of paragraph (1). In these circumstances, the requirements of paragraph (4) shall continue to apply to the information received.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
An individual other than a person described in subparagraphs (A) to (P), inclusive, of paragraph (1) who files a notice of appeal or petition for writ challenging a juvenile court order, or who is a respondent in that appeal or real party in interest in that writ proceeding, may, for purposes of that appeal or writ proceeding, inspect and copy any records in a juvenile case file to which the individual was previously granted access by the juvenile court pursuant to subparagraph (Q) of paragraph (1), including any records or portions thereof that are made a
part of the appellate record. The requirements of paragraph (3) shall continue to apply to any other record, or a portion thereof, in the juvenile case file or made a part of the appellate record. The requirements of paragraph (4) shall continue to apply to files received pursuant to this paragraph. The Judicial Council shall adopt rules to implement this paragraph.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
While the Legislature reaffirms its belief that juvenile court records, in general, should be confidential, it is the intent of the Legislature in enacting this subdivision to provide for a limited exception to juvenile court record confidentiality to promote more effective communication among juvenile courts, family courts, law enforcement agencies, and schools to ensure the rehabilitation of juvenile criminal offenders as well as to lessen the potential for drug use, violence, other forms of delinquency, and child abuse.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), written notice that a minor enrolled in a public school, kindergarten to grade 12, inclusive, has been found by a court of competent jurisdiction to have committed a felony or misdemeanor involving curfew, gambling, alcohol, drugs, tobacco products, carrying of weapons, a sex offense listed in Section 290 of the Penal Code, assault or battery, larceny, vandalism, or graffiti shall be provided by the court, within seven days, to the superintendent of the school district of attendance. Written notice shall include only the offense found to have been committed by the minor and the disposition of the minor’s case. This notice shall be expeditiously transmitted by the district superintendent to the principal at the school of attendance. The principal shall expeditiously disseminate the information to those counselors directly supervising or reporting on the behavior or progress of the
minor. In addition, the principal shall disseminate the information to any teacher or administrator directly supervising or reporting on the behavior or progress of the minor whom the principal believes needs the information to work with the pupil in an appropriate fashion to avoid being needlessly vulnerable or to protect other persons from needless vulnerability.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any information received by a teacher, counselor, or administrator under this subdivision shall be received in confidence for the limited purpose of rehabilitating the minor and protecting students and staff, and shall not be further disseminated by the teacher, counselor, or administrator, except insofar as communication with the juvenile, the juvenile’s parents or guardians, law enforcement personnel, and the juvenile’s probation officer is necessary to effectuate the juvenile’s rehabilitation or to protect students and staff.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An intentional violation of the confidentiality provisions of this paragraph is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a minor is removed from public school as a result of the court’s finding described in subdivision (b), the superintendent shall maintain the information in a confidential file and shall defer transmittal of the information received from the court until the minor is returned to public school. If the minor is returned to a school district other than the one from which the minor came, the parole or probation officer having jurisdiction over the minor shall so notify the superintendent of the last district of attendance, who shall transmit the notice received from the court to the superintendent of the new district of attendance.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Each probation report filed with the court concerning a minor whose
record is subject to dissemination pursuant to subdivision (b) shall include on the face sheet the school at which the minor is currently enrolled. The county superintendent shall provide the court with a listing of all of the schools within each school district, within the county, along with the name and mailing address of each district superintendent.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each notice sent by the court pursuant to subdivision (b) shall be stamped with the instruction: “Unlawful Dissemination Of This Information Is A Misdemeanor.” Any information received from the court shall be kept in a separate confidential file at the school of attendance and shall be transferred to the minor’s subsequent schools of attendance and maintained until the minor graduates from high school, is released from juvenile court jurisdiction, or reaches 18 years of age, whichever occurs first. After that time, the confidential record shall be destroyed. At any
time after the date by which a record required to be destroyed by this section should have been destroyed, the minor or the minor’s parent or guardian shall have the right to make a written request to the principal of the school that the minor’s school records be reviewed to ensure that the record has been destroyed. Upon completion of the requested review and no later than 30 days after the request for the review was received, the principal or a designee shall respond in writing to the written request and either shall confirm that the record has been destroyed or, if the record has not been destroyed, shall explain why destruction has not yet occurred.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as provided in paragraph (2) of subdivision (b), liability shall not attach to a person who transmits or fails to transmit notice or information required under subdivision (b).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, a
“juvenile case file” means a petition filed in a juvenile court proceeding, reports of the probation officer, and all other records, including any writing as defined in Section 250 of the Evidence Code, or electronically stored information relating to the minor, that is filed in that case or made available to the probation officer in making the probation officer’s report, or to the judge, referee, or other hearing officer, and thereafter retained by the probation officer, judge, referee, or other hearing officer.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The persons described in subparagraphs (A), (E), (F), (H), (K), (L), (M), and (N) of paragraph (1) of subdivision (a) include persons serving in a similar capacity for an Indian tribe, reservation, or tribal court when the case file involves a child who is a member of, or who is eligible for membership in, that tribe.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Any portion of a case file that is covered by,
or included in, an order of the court sealing a record pursuant to Section 781 or 786, or that is covered by a record sealing requirement pursuant to Section 786.5 or 827.95, may not be inspected, except as specified by those sections.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_2233488B-788B-4905-A45C-A3AE965FC268">
<ns0:Num>SEC. 84.</ns0:Num>
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Section 4684 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_DA37AB8E-3BD0-49CB-85FA-288B83A97284">
<ns0:Num>4684.</ns0:Num>
<ns0:LawSectionVersion id="id_A2FA76B5-630C-498F-8C04-3B4D38A21856">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, the cost of providing 24-hour out-of-home nonmedical care and supervision in community care facilities licensed or approved pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code shall be funded by the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program pursuant to Section 11464, for children who are both AFDC-FC recipients and regional center consumers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The cost of providing adoption assistance benefits shall be funded by the Adoption Assistance Program (AAP) under Section 16121, for children who are both AAP recipients and regional center consumers.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For regional center
consumers who are recipients of AFDC-FC benefits, regional centers shall purchase or secure the services that are contained in the child’s Individualized Family Service Plan (IFSP) or Individual Program Plan (IPP) but that are not allowable under federal or state AFDC-FC provisions.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For regional center consumers who are recipients of AAP benefits, regional centers shall purchase or secure the services that are contained in the child’s IFSP or IPP.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For regional center consumers receiving services under paragraph (1) or (2), these services shall be separately purchased or secured by the regional center, pursuant to Sections 4646 to 4648, inclusive, Section 4685, and Sections 95018 and 95020 of the Government Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Regional centers shall accept referrals for evaluations of AFDC-FC-eligible children and
children receiving AAP benefits for the purpose of determining eligibility for regional center services, pursuant to Section 4642. Regional centers shall assist county welfare and probation departments in identifying appropriate placement resources for children who are recipients of AFDC-FC and who are eligible for regional center services.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For purposes of this section, children who are recipients of AFDC-FC and regional center services shall not be prohibited from receiving in-home respite services, as defined in subdivision (a) of Section 4690.2, if they are residing with any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A relative, as defined in paragraph (2) of subdivision (h) of Section 319, or, in the case of an Indian child, an extended family member, as defined in subdivision (c) of Section 224.1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A
nonrelative extended family member, as defined in Section 362.7.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A kinship family, as defined in paragraph (2) of subdivision (a) of Section 16519.4.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A resource family, as defined in paragraph (1) of subdivision (c) of Section 16519.5.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A tribally approved home, as defined in subdivision (r) of Section 224.1.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A foster family home, as defined in paragraph (5) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not vendored by the regional center as a residential facility.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A small family home, as defined in paragraph (6)
of subdivision (a) of Section 1502 of the Health and Safety Code, that is not vendored by the regional center as a residential facility. Regional centers shall assess a small family home for service need, including verification of the small family home’s staffing level, through the individual program plan (IPP) process pursuant to Sections 4646 and 4648 or the individualized family service plan (IFSP) process pursuant to Sections 95018 and 95020 of the Government Code, as applicable, prior to approving in-home respite services for children residing in a licensed small family home.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
AFDC-FC and AAP benefits shall be for care and supervision, as defined in subdivision (b) of Section 11460, and the regional centers shall separately purchase or secure other services contained in the child’s IFSP or IPP pursuant to Section 4646 to 4648, inclusive, Section 4685, and Sections 95018 and 95020 of the Government Code. Notwithstanding any other law or
regulation, the receipt of AFDC-FC or AAP benefits shall not be cause to deny any other services that a child or family for which the child or family is otherwise eligible pursuant to this division.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall apply to all recipients of AFDC-FC and AAP benefits, including those with rates established prior to the effective date of the act that adds this subdivision, pursuant to Sections 11464 and 16121.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
For purposes of this section, the terms “child” and “children” include a nonminor dependent, as defined in subdivision (v) of Section 11400. The Legislature finds and declares that this subdivision is declarative of, and clarifies, existing law.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Regulations adopted by the department pursuant to this section shall be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare.
</html:p>
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</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_2E585A84-E618-4E48-9A25-517490B52EB3">
<ns0:Num>SEC. 85.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'10553.12.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 10553.12 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_24F68121-A49E-4E13-B7C6-EAD6BE86CD91">
<ns0:Num>10553.12.</ns0:Num>
<ns0:LawSectionVersion id="id_5073AED4-A85F-401A-BA48-EEDEF3C6C8A8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, a federally recognized tribe is authorized, but not required, to license or approve a home for the purpose of foster or adoptive placement of an Indian child.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An Indian child, as defined in Section 224.1, who has been removed pursuant to Section 361, from the custody of their parents or Indian custodian may be placed in a tribally approved home, as defined in subdivision (r) of Section 224.1.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
To facilitate the availability of tribally approved homes that have been fully approved in accord with federal law, including completion of required background checks pursuant to Section 8712 of the Family Code, a tribe or tribal organization may request from the
Department of Justice federal and state summary criminal history information and Child Abuse Central Index Information pursuant to paragraph (8) of subdivision (b) of Section 11170 of the Penal Code regarding a prospective foster parent or adoptive parent, an adult who resides or is employed in the home of an applicant, a person who has a familial or intimate relationship with a person living in the home of an applicant, or an employee of the child welfare agency who may have contact with children.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
As used in this section, a “tribal organization” means an entity designated by a federally recognized tribe as authorized to approve homes consistent with the federal Indian Child Welfare Act for the purpose of placing an Indian child into foster or adoptive care, including the authority to conduct criminal record and child abuse background checks of, and grant exemptions to, individuals who are prospective foster parents or adoptive parents, an
adult who resides or is employed in the home of an applicant for approval, a person who has a familial or intimate relationship with a person living in the home of an applicant, or an employee of the tribal organization who may have contact with children.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A county social worker may place an Indian child in a tribally approved home without having to conduct a separate background check, upon certification by the tribe or tribal organization of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The tribe or tribal organization has completed a criminal record background check in accord with the standards set forth in Section 1522 of the Health and Safety Code, and a Child Abuse Central Index Check pursuant to Section 1522.1 of the Health and Safety Code, with respect to each of the individuals described in subdivision (c).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The tribe or tribal
organization has agreed to report to a county child welfare agency responsible for a child placed in the tribally approved home, within 24 hours of notification to the tribe or tribal organization by the Department of Justice, of any subsequent state or federal arrest or disposition notification provided pursuant to Section 11105.2 of the Penal Code involving an individual associated with the tribally approved home where an Indian child is placed.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the tribe or tribal organization in its certification states that the individual was granted a criminal record exemption, the certification shall specify that the exemption was evaluated in accord with the standards and limitations set forth in paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code and was not granted to an individual ineligible for an exemption under that provision.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Tribal home
approvals conducted in compliance with this section are not subject to kinship family or resource family approval requirements.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_E04E80B2-BCEE-4426-BE2D-595071C1EDE5">
<ns0:Num>SEC. 86.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'10952.5.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 10952.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_DB3B6D7D-780E-4F51-A49F-99EBDA833C94">
<ns0:Num>10952.5.</ns0:Num>
<ns0:LawSectionVersion id="id_7FA923CA-E9BE-43ED-8EE4-0F722C699A49">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If regulations require a public or private agency to write a position statement concerning the issues in question in a fair hearing, or if the public or private agency chooses to develop that statement, not less than two business days before the date of a hearing provided for pursuant to this chapter, the public or private agency shall make available to the applicant for, or recipient of, public social services requesting a fair hearing, a copy of the public or private agency’s position statement on the forthcoming hearing. The public or private agency shall make the copy available to the applicant or recipient at the county welfare department or via United States mail, or, upon request, through electronic means. Except as provided in subdivision (c), if the applicant or recipient requests a position statement to be
delivered through electronic means, the position statement shall be delivered through secure electronic means if required by state or federal privacy laws. A public or private agency shall be required to comply with this section only if the public or private agency has received a 10-day prior notice of the date and time of the scheduled hearing.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For a hearing to review the agency’s action or inaction regarding aid under the Aid to Families with Dependent Children-Foster Care program, the Approved Relative Caregiver Funding Program, the Emergency Caregiver Funding Program, the Kinship Guardianship Assistance Payment Program, and the Adoption Assistance Program, or for a hearing to review the agency’s denial of an application to be approved as a kinship family or a resource family, the agency shall include as
attachments to the position statement copies of the portions of the juvenile case file that it used in making its decision to take the action that is being appealed. The attached portions of the juvenile case file shall remain confidential for purposes of the hearing, shall be available only to the judge or hearing officer and to the parties to the case, and shall not subsequently be released except in accordance with Section 827.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department, until January 1, 2024, may implement this subdivision through an all-county letter or similar instruction. The instruction shall classify the sections of the juvenile case file that will or may be pertinent to an administrative proceeding, and shall provide a process for the fair and prompt exchange of documents between the agency and attorney
representatives receiving documents pursuant to subparagraph (S) of paragraph (1) of subdivision (a) of Section 827. The department may provide further instructions through training notes.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2), the department, by January 1, 2024, shall implement this subdivision by adopting any necessary rules and regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the public or private agency does not make the position statement or documentary evidence available not less than two business days before the hearing or if the public or private agency decides to modify the position statement, the hearing shall be postponed upon the request of the applicant or recipient, if an applicant or recipient agrees to waive the right to obtain a decision on
the hearing within the deadline that would otherwise be applicable under regulations. A postponement for reason of the public or private agency not making the position statement available within not less than two business days shall be deemed a postponement for good cause for purposes of determining eligibility to any applicable benefits pending disposition of the hearing.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A public or private agency shall not be required to make a copy of its position statement available to an applicant or recipient through electronic means if the agency submits a report by December 31 of each year to the State Department of Social Services that includes both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The barriers the agency has identified that substantially impede or prohibit the electronic provision of hearing documents.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The steps the agency is taking to address these barriers.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision shall become inoperative on the date that the statewide electronic case management system administered by the State Department of Social Services becomes operational and has the capacity to provide position statements to claimants through secure electronic means.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_B73EE0E0-FB69-4170-AC46-35D54749BCCA">
<ns0:Num>SEC. 87.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11362.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 11362 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_77B01277-07C7-4636-8CFB-1CB59CA48076">
<ns0:Num>11362.</ns0:Num>
<ns0:LawSectionVersion id="id_62972717-3392-4125-B59B-0CE319155B19">
<ns0:Content>
<html:p>For purposes of this article, the following definitions shall apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Kinship Guardianship Assistance Payments (Kin-GAP)” means the state-funded aid provided under the terms of this article on behalf of children in kinship care who are not eligible for federally funded Kin-GAP pursuant to Section 11385.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Kinship guardian” means a person who (1) has been appointed the legal guardian of a dependent child pursuant to Section 360 or 366.26, or a ward of the juvenile court pursuant to subdivision (d) of Section 728 and (2) is a relative of the child.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Relative” means an adult who is related to the child by blood, adoption, or affinity within the fifth
degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand” or the spouse of any of those persons even if the marriage was terminated by death or dissolution.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Approved home of the prospective relative guardian” means any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The home of a relative who has been approved as a kinship family pursuant to Section 16519.4.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The
home of a relative who has been approved as a resource family home pursuant to Section 16519.5 of this code or Section 1517 of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The home of a relative who has been approved as a tribally approved home, as defined in subdivision (r) of Section 224.1.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The home of a relative who has been assessed
pursuant to subdivision (a) of Section 361.3 and Section 361.4, and into which the juvenile court has authorized placement.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_EBF7193D-20F9-4FCA-83FE-F1041EC715A7">
<ns0:Num>SEC. 88.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11363.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 11363 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_181E4C8F-54A0-4059-AD20-10911DB63DF8">
<ns0:Num>11363.</ns0:Num>
<ns0:LawSectionVersion id="id_E21DB674-1B18-403E-BD4A-43CFA4E9907A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Aid in the form of state-funded Kin-GAP shall be provided under this article on behalf of any child under 18 years of age and to any eligible youth under 19 years of age, as provided in Section 11403, who satisfies all of the following conditions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Has been adjudged a dependent child of the juvenile court pursuant to Section 300, or, effective October 1, 2006, a ward of the juvenile court pursuant to Section 601 or 602.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Has been residing for at least six consecutive months in the approved home of the prospective relative guardian, as defined in subdivision (d) of Section 11362, while under the jurisdiction of the juvenile court or a voluntary placement agreement.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Has had a kinship guardianship established pursuant to Section 360 or 366.26.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Has had their dependency jurisdiction terminated after January 1, 2000, pursuant to Section 366.3, or their wardship terminated pursuant to subdivision (e) of Section 728, concurrently or subsequently to the establishment of the kinship guardianship.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If the conditions specified in subdivision (a) are met and, subsequent to the termination of dependency jurisdiction, any parent or person having an interest files with the juvenile court a petition pursuant to Section 388 to change, modify, or set aside an order of the court, Kin-GAP payments shall continue unless and until the juvenile court, after holding a hearing, orders the child removed from the home of the guardian, terminates the guardianship, or resumes dependency
jurisdiction after the court concludes the hearing on the petition filed under Section 388.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A child or nonminor former dependent or ward shall be eligible for Kin-GAP payments if the child or nonminor former dependent meets one of the following age criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person is under 18 years of age.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person is under 21 years of age and has a physical or mental disability that warrants the continuation of assistance.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Through December 31, 2011, the person satisfies the conditions of Section 11403, and on and after January 1, 2012, the person satisfies the conditions of Section 11403.01.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The person satisfies the conditions as described in subdivision (d).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Commencing January 1, 2012, state-funded Kin-GAP payments shall continue for youths who have attained 18 years of age and who are under 19 years of age, if they reached 16 years of age before the Kin-GAP negotiated agreement payments commenced, and as described in Section 10103.5. Effective January 1, 2013, Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 20 years of age, if they reached 16 years of age before the Kin-GAP negotiated agreement payments commenced, and as described in Section 10103.5. Effective January 1, 2014, Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 21 years of age, if they reached 16 years of age before the Kin-GAP negotiated agreement payments commenced. To be eligible for continued payments, the youth shall satisfy one or more of the conditions specified in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Termination of the guardianship with a kinship guardian shall terminate eligibility for Kin-GAP unless the conditions in Section 11403 apply. However, an alternate guardian or coguardian is appointed pursuant to Section 366.3 who is also a kinship guardian, the alternate or coguardian shall be entitled to receive Kin-GAP on behalf of the child pursuant to this article. A new period of six months of placement with the alternate guardian or coguardian shall not be required if that alternate guardian or coguardian has been assessed pursuant to Section 361.3, subdivision (a) of Section 361.4, and paragraph (2), and the court terminates dependency jurisdiction. If a nonminor former dependent is receiving Kin-GAP after 18 years of age and the nonminor former dependent’s former guardian dies, the nonminor former dependent may petition the court for a hearing pursuant to Section 388.1.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In addition to the state-level criminal records check described in paragraph (2) of subdivision (a) of Section 361.4, the county welfare department shall require each prospective alternate guardian or coguardian, and any other person over 18 years of age living in the home, to be fingerprinted, and shall secure from an appropriate law enforcement agency any criminal record of that person to determine whether the person has ever been convicted of a crime other than a minor traffic violation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the criminal records check indicates that the prospective alternate guardian or coguardian has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the case shall not be eligible for Kin-GAP funding.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If
the prospective alternate guardian or coguardian has been convicted of a crime other than a minor traffic violation or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) to (g), inclusive, of Section 1522 of the Health and Safety Code shall apply, and an exemption shall be issued prior to issuance of any Kin-GAP funding. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the county using the exemption criteria specified in subdivision (g) of Section 1522 of the Health and Safety Code and any applicable written directives or regulations adopted by the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A prospective alternate guardian or coguardian shall not be required to be approved as a
kinship family pursuant to Section 16519.4 or a resource family pursuant to Section 16519.5 for the sole purpose of receiving Kin-GAP funding on behalf of an eligible child in the care of the prospective alternate guardian or coguardian.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_3B80F2E3-F468-4C18-AD19-0E249E8F40F8">
<ns0:Num>SEC. 89.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11386.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 11386 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_420D321F-A286-4645-8527-0A7DE699B087">
<ns0:Num>11386.</ns0:Num>
<ns0:LawSectionVersion id="id_3CABD98F-5E7D-485F-8553-90D3BB99DDAA">
<ns0:Content>
<html:p>Aid shall be provided under this article on behalf of a child under 18 years of age, and to any eligible youth under 19 years of age, as provided in Section 11403, under all of the following conditions:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The child satisfies both of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The child has been removed from their home pursuant to a
voluntary placement agreement, or as a result of judicial determination, including being adjudged a dependent child of the court, pursuant to Section 300, or a ward of the court, pursuant to Section 601 or 602, to the effect that continuation in the home would be contrary to the welfare of the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The child has been eligible for federal foster care maintenance payments under Article 5 (commencing with Section 11400) while residing for at least six consecutive months in the approved home of the prospective relative guardian while under the jurisdiction of the juvenile court or a voluntary placement agreement.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Being returned to the parental home or being adopted are not
appropriate permanency options for the child.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The child demonstrates a strong attachment to the relative guardian, and the relative guardian has a strong commitment to caring permanently for the child and, with respect to the child who has attained 12 years of age, the child has been consulted regarding the kinship guardianship arrangement.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The child has had a kinship guardianship established pursuant to Section 360 or 366.26.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The child has had their dependency jurisdiction terminated pursuant to Section 366.3, or
their wardship terminated pursuant to subdivision (d) of Section 728, concurrently or subsequently to the establishment of the kinship guardianship.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If the conditions specified in subdivisions (a) to (e), inclusive, are met and, subsequent to the termination of dependency jurisdiction, any parent or person having an interest files with the juvenile court a petition pursuant to Section 388 to change, modify, or set aside an order of the court, Kin-GAP payments shall continue unless and until the juvenile court orders the child removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction after the court concludes the hearing on the petition filed under Section 388.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A child or nonminor former dependent or ward shall be eligible for Kin-GAP payments if
they meet one of the following age criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
They are under 18 years of age.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
They are under 21 years of age and has a physical or mental disability that warrants the continuation of assistance.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Through December 31, 2011,
they satisfy the conditions of Section 11403, and on and after January 1, 2012, they satisfy the conditions of Section 11403.01.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
They satisfy the conditions described in subdivision (h).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Effective January 1, 2012, Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 19 years of age, if they reached 16 years of age before the Kin-GAP negotiated agreement payments commenced, and as
described in Section 10103.5. Effective January 1, 2013, Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 20 years of age, if they reached 16 years of age before the Kin-GAP negotiated agreement payments commenced, and as described in Section 10103.5. Effective January 1, 2014, Kin-GAP payments shall continue for youths who have attained 18 years of age and are under 21 years of age, if they reached 16 years of age before the Kin-GAP negotiated agreement payments commenced. To be eligible for continued payments, the youth shall satisfy one or more of the conditions specified in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Termination of the guardianship with a kinship guardian shall terminate eligibility for Kin-GAP, unless the conditions of Section 11403 apply. However, if a successor guardian is appointed pursuant to Section 366.3 who is also a
kinship guardian, the successor guardian shall be entitled to receive Kin-GAP on behalf of the child pursuant to this article if the reason for the appointment of the successor guardian is the death or incapacity of the kinship guardian and the successor guardian is named in the kinship guardianship assistance agreement or amendment to the agreement. A new period of six months of placement with the successor guardian shall not be required if that successor guardian has been assessed pursuant to Section 361.3, subdivision (a) of Section 361.4, and paragraph (2), and the court terminates dependency jurisdiction, subject to federal approval of amendments to the state plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
In addition to the state-level criminal records check described in paragraph (2) of subdivision (a) of Section 361.4, the county welfare department shall require each prospective successor guardian, and any other person over 18 years of age living
in the home, to be fingerprinted, and shall secure from an appropriate law enforcement agency any criminal record of that person to determine whether the person has ever been convicted of a crime other than a minor traffic violation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the criminal records check indicates that the prospective successor guardian has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the case shall not be eligible for Kin-GAP funding.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the proposed successor guardian has been convicted of a crime other than a minor traffic violation or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) to (g), inclusive, of Section 1522 of the Health and
Safety Code shall apply, and an exemption shall be issued prior to issuance of any Kin-GAP funding. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the county using the exemption criteria specified in subdivision (g) of Section 1522 of the Health and Safety Code and any applicable written directives or regulations adopted by the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A prospective successor guardian shall not be required to be approved as a kinship family pursuant to Section 16519.4 or a resource family pursuant to Section 16519.5 for the sole purpose of receiving Kin-GAP funding on behalf of an eligible child in the care of the prospective successor guardian.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E4EF905F-F2C6-4F9D-BDE3-853B24C1F9C5">
<ns0:Num>SEC. 90.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'4.7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11391.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 11391 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_57122328-29F4-4A2F-A57A-DFAE28557F8D">
<ns0:Num>11391.</ns0:Num>
<ns0:LawSectionVersion id="id_54E8A25D-F4BA-4105-B334-0FD94958451B">
<ns0:Content>
<html:p>For purposes of this article, the following definitions shall apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Kinship Guardianship Assistance Payments (Kin-GAP)” means the aid provided on behalf of children eligible for federal financial participation under Section 671(a)(28) of Title 42 of the United States Code in kinship care under the terms of this article.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Kinship guardian” means a person who meets both of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person has been appointed the legal guardian of a dependent child pursuant to Section 366.26 or Section 360 or a ward of the juvenile court pursuant to subdivision (d) of Section 728.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person is a relative of the child.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Relative,” subject to federal approval of amendments to the state plan, means any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand” or the spouse of any of those persons even if the marriage was terminated by death or dissolution.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An adult who meets the definition of an approved, nonrelative extended family member, as described in Section 362.7.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An adult who is either a member of the Indian child’s tribe, or an Indian custodian, as defined in Section 224.1.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An adult who is the current foster parent of a child under the juvenile court’s jurisdiction, who has established a significant and family-like relationship with the child, and the child and the county child welfare agency, probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1 identify this adult as the child’s permanent connection.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
An adult who meets the definition of an extended family member as described in Section 224.1.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Sibling” means a child related to the identified eligible child by blood, adoption, or affinity through a common
legal or biological parent.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Approved home of the prospective relative guardian” means
any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The home of a relative who has been approved as a kinship family pursuant to Section 16519.4.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The home of a relative who has been approved as a resource family home pursuant to Section 16519.5 of this code, or Section 1517 of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The home of a relative who has been approved as a tribally approved home, as defined in subdivision (r) of Section 224.1.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_34B690E7-826C-40FB-86B5-93F3083D50BD">
<ns0:Num>SEC. 91.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11400.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 11400 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_751DDDE8-1B4B-45CE-9AA5-520665811B6D">
<ns0:Num>11400.</ns0:Num>
<ns0:LawSectionVersion id="id_AA3166CE-F000-4C27-8584-63AF20F2DAF5">
<ns0:Content>
<html:p>For purposes of this article, and Article 6 (commencing with Section 11450), the following definitions apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Aid to Families with Dependent Children-Foster Care (AFDC-FC)” means the aid provided on behalf of needy children in foster care under the terms of this division.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“Case plan” means a written document that, at a minimum, specifies the type of home in which the child shall be placed, the safety of that home, and the appropriateness of that home to meet the child’s needs. It shall also include the agency’s plan for ensuring that the child receive proper care and protection in a safe environment, and shall set forth the appropriate services to be provided to the child, the child’s family, and the foster
parents, in order to meet the child’s needs while in foster care, and to reunify the child with the child’s family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Certified family home” means an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Family home” means the family residence of a licensee in which 24-hour care and supervision are provided for children.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Small family home” means any residential facility, in the licensee’s family residence, which provides 24-hour care for six or fewer foster children who
have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Foster care” means the 24-hour out-of-home care provided to children whose own families are unable or unwilling to care for them, and who are in need of temporary or long-term substitute parenting.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
“Foster family agency” means a licensed community care facility, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. Private foster family agencies shall be organized and operated on a nonprofit basis.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Group home” means a nondetention privately operated residential home, organized and operated on a nonprofit basis only, of any capacity, or a nondetention licensed residential care home operated by the County of San Mateo with a
capacity of up to 25 beds, that accepts children in need of care and supervision in a group home, as defined by paragraph (13) of subdivision (a) of Section 1502 of the Health and Safety Code.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Periodic review” means review of a child’s status by the juvenile court or by an administrative review panel, that shall include a consideration of the safety of the child, a determination of the continuing need for placement in foster care, evaluation of the goals for the placement and the progress toward meeting these goals, and development of a target date for the child’s return home or establishment of alternative permanent placement.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
“Permanency planning hearing” means a hearing conducted by the juvenile court in which the child’s future status, including whether the child shall be returned home or another permanent plan shall be developed, is determined.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
“Placement and care” refers to the responsibility for the welfare of a child vested in an agency or organization by virtue of the agency or organization having (1) been delegated care, custody, and control of a child by the juvenile court, (2) taken responsibility, pursuant to a relinquishment or termination of parental rights on a child, (3) taken the responsibility of supervising a child detained by the juvenile court pursuant to Section 319 or 636, or (4) signed a voluntary placement agreement for the child’s placement; or to the responsibility designated to an individual by virtue of the individual being appointed the child’s legal guardian.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
“Preplacement preventive services” means services that are designed to help children remain with their families by preventing or eliminating the need for removal.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
“Relative” means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand” or the spouse of any of these persons even if the marriage was terminated by death or dissolution.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
“Nonrelative extended family member” means an adult caregiver who has an established familial or mentoring relationship with the child, as described in Section 362.7.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
“Voluntary placement” means an out-of-home placement of a child by (1) the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, after the parents or guardians have requested the assistance of the county welfare department and have signed a voluntary placement agreement, or
(2) the county welfare department licensed public or private adoption agency, or the department acting as an adoption agency, after the parents have requested the assistance of either the county welfare department, the licensed public or private adoption agency, or the department acting as an adoption agency for the purpose of adoption planning, and have signed a voluntary placement agreement.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
“Voluntary placement agreement” means a written agreement between either the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, licensed public or private adoption agency, or the department acting as an adoption agency, and the parents or guardians of a child that specifies, at a minimum, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The legal status of the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The
rights and obligations of the parents or guardians, the child, and the agency in which the child is placed.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
“Original placement date” means the most recent date on which the court detained a child and ordered an agency to be responsible for supervising the child or the date on which an agency assumed responsibility for a child due to termination of parental rights, relinquishment, or voluntary placement.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
“Transitional housing placement provider” means an organization licensed by the State Department of Social Services pursuant to Section 1559.110 of the Health and Safety Code to provide supervised transitional housing services to foster children who are at least 16 years of age. A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Before licensure, a provider shall obtain certification from the applicable county, in accordance with Section 16522.1.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
“Transitional Housing Program-Plus” means a provider certified by the applicable county, in accordance with subdivision (c) of Section 16522, to provide transitional housing services to former foster youth who have exited the foster care system on or after their 18th birthday.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
“Whole family foster home” means a kinship family, resource family, licensed foster family home, approved relative caregiver or nonrelative extended family member’s home, the home of a nonrelated legal guardian whose guardianship was established pursuant to Section 360 or 366.26,
or a host family of a transitional housing placement provider, that provides foster care for a minor or nonminor dependent parent and their child, and is specifically recruited and trained to assist the minor or nonminor dependent parent in developing the skills necessary to provide a safe, stable, and permanent home for the child. The child of the minor or nonminor dependent parent need not be the subject of a petition filed pursuant to Section 300 to qualify for placement in a whole family foster home.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
“Mutual agreement” means any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A written voluntary agreement of consent for continued placement and care in a supervised setting between a minor or, on and after January 1, 2012, a nonminor dependent, and the county welfare services or probation department or tribal agency responsible for the foster care placement, that documents the
nonminor’s continued willingness to remain in supervised out-of-home placement under the placement and care of the responsible county, tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1, remain under the jurisdiction of the juvenile court as a nonminor dependent, and report any change of circumstances relevant to continued eligibility for foster care payments, and that documents the nonminor’s and social worker’s or probation officer’s agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), and the agency responsible for the Kin-GAP benefits,
provided that the nonminor former dependent or ward satisfies the conditions described in Section 11403.01, or one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. For purposes of this paragraph and paragraph (3), “nonminor former dependent or ward” has the same meaning as described in subdivision (aa).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of AFDC-FC payments under subdivision (e) or (f) of Section 11405 and the agency responsible for the AFDC-FC benefits, provided that the nonminor former dependent or ward described in subdivision (e) of Section 11405 satisfies one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and the nonminor described in subdivision (f) of Section 11405 satisfies the secondary school or equivalent training or certificate program
conditions described in that subdivision.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
“Nonminor dependent” means, on and after January 1, 2012, a foster child, as described in Section 675(8)(B) of Title 42 of the United States Code under the federal Social Security Act who is a current dependent child or ward of the juvenile court, or who is a nonminor under the transition jurisdiction of the juvenile court, as described in Section 450, and who satisfies all of the following criteria:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The nonminor dependent has attained 18 years of age while under an order of foster care placement by the juvenile court, and is not more than 19 years of age on or after January 1, 2012, not more than 20 years of age on or after January 1, 2013, or not more than 21 years of age on or after January 1, 2014, and as described in Section 10103.5.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The nonminor dependent is
in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The nonminor dependent has a transitional independent living case plan pursuant to Section 475(8) of the federal Social Security Act (42 U.S.C. Sec. 675(8)), as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), as described in Section 11403.
</html:p>
<html:p>
(w)
<html:span class="EnSpace"/>
“Supervised independent living placement” means, on and after January 1, 2012, an independent supervised setting in which the nonminor dependent is living independently, pursuant to Section 472(c) of the federal Social Security Act (42 U.S.C. Sec. 672(c)).
</html:p>
<html:p>
(x)
<html:span class="EnSpace"/>
“Supervised independent living setting,” pursuant to Section 472(c) of the federal Social Security Act (42 U.S.C. Sec. 672(c)), includes all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A supervised independent living placement, as defined in subdivision (w), and as specified in a nonminor dependent’s transitional independent living case plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A transitional housing unit in which a host family lives with a nonminor dependent who is a participant of a Transitional Housing Placement program, as described in subdivision (a) of Section 1559.110 of the Health and Safety Code, including an apartment, single-family dwelling, or condominium owned, rented, or leased by the host family, with supervised transitional housing services provided by the licensed transitional housing placement provider.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A residential housing unit
certified by the transitional housing placement provider operating a Transitional Housing Placement program for nonminor dependents, as described in paragraph (2) of subdivision (a) of Section 16522.1.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A transitional living setting approved by the county to support youth who are entering or reentering foster care or transitioning between placements. The short-term independent living setting shall not include a youth homelessness prevention center or an adult homeless shelter. A transitional living setting approved by the county for purposes of this paragraph is not subject to licensing pursuant to paragraph (4) of subdivision (l) of Section 1505 of the Health and Safety Code.
</html:p>
<html:p>
(y)
<html:span class="EnSpace"/>
“Transitional independent living case plan” means, on or after January 1, 2012, a child’s case plan submitted for the last review hearing held before the child reaches 18 years of age or the nonminor
dependent’s case plan, updated every six months, that describes the goals and objectives of how the nonminor will make progress in the transition to living independently and assume incremental responsibility for adult decisionmaking, the collaborative efforts between the nonminor and the social worker, probation officer, or Indian tribal placing entity and the supportive services as described in the transitional independent living plan (TILP) to ensure active and meaningful participation in one or more of the eligibility criteria described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminor’s appropriate supervised placement setting, and the nonminor’s permanent plan for transition to living independently, which includes maintaining or obtaining permanent connections to caring and committed adults, as set forth in paragraph (16) of subdivision (f) of Section 16501.1.
</html:p>
<html:p>
(z)
<html:span class="EnSpace"/>
“Voluntary reentry agreement” means a
written voluntary agreement between a former dependent child or ward or a former nonminor dependent, who has had juvenile court jurisdiction terminated pursuant to Section 391, 452, or 607.2, or between a nonminor dependent who has not signed a voluntary reentry agreement after attaining 18 years of age and for whom a petition will be filed pursuant to subdivision (f) of Section 388, and the county welfare or probation department or tribal placing entity that documents the nonminor’s desire and willingness to reenter foster care, to be placed in a supervised setting under the placement and care responsibility of the placing agency, the nonminor’s desire, willingness, and ability to immediately participate in one or more of the conditions of paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminor’s agreement to work collaboratively with the placing agency to develop their transitional independent living case plan within 60 days of reentry, if not previously completed, the
nonminor’s agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminor’s agreement to participate in the filing of a petition for juvenile court jurisdiction as a nonminor dependent pursuant to subdivision (e) of Section 388 within 15 judicial days of the signing of the agreement and the placing agency’s efforts and supportive services to assist the nonminor in the reentry process, (2) if the nonminor meets the definition of a nonminor former dependent or ward, as described in subdivision (aa), the nonminor’s agreement to return to the care and support of their former juvenile court-appointed guardian and meet the eligibility criteria for AFDC-FC pursuant to subdivision (e) of Section 11405, or (3) the nonminor dependent’s agreement to participate in the filing of a petition pursuant to subdivision (f) of Section 388.
</html:p>
<html:p>
(aa)
<html:span class="EnSpace"/>
“Nonminor former dependent or ward” means, on and
after January 1, 2012, either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A nonminor who reached 18 years of age while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A nonminor who is over 18 years of age and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established pursuant to Section 360 or 366.26, or subdivision (d) of Section 728, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship.
</html:p>
<html:p>
(ab)
<html:span class="EnSpace"/>
“Youth homelessness prevention center” means a type of group home, as defined in paragraph (14) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not an eligible placement
option under Sections 319, 361.2, 450, and 727, and that is not eligible for AFDC-FC funding pursuant to subdivision (c) of Section 11402 or Section 11462.
</html:p>
<html:p>
(ac)
<html:span class="EnSpace"/>
“Transition dependent” is a minor between 17 years and five months and 18 years of age who is subject to the court’s transition jurisdiction under Section 450.
</html:p>
<html:p>
(ad)
<html:span class="EnSpace"/>
“Short-term residential therapeutic program” means a nondetention, licensed community care facility, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, that provides an integrated program of specialized and intensive care and supervision, services and supports, and treatment for the child or youth, when the child’s or youth’s case plan specifies the need for, nature of, and anticipated duration of this specialized treatment. Short-term residential therapeutic programs shall be organized and operated on a nonprofit
basis.
</html:p>
<html:p>
(ae)
<html:span class="EnSpace"/>
“Resource family” means an approved caregiver, as defined in subdivision (c) of Section 16519.5.
</html:p>
<html:p>
(af)
<html:span class="EnSpace"/>
“Core services” means services, made available to children, youth, and nonminor dependents either directly or secured through agreement with other agencies, that are trauma informed and culturally relevant, as specified in Sections 11462 and 11463.
</html:p>
<html:p>
(ag)
<html:span class="EnSpace"/>
“Kinship family” means an approved caregiver, as defined in subdivision (a) of Section 16519.4.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_593B50E0-2D18-4F29-A558-127F4EA602CE">
<ns0:Num>SEC. 92.</ns0:Num>
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Section 11402 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D1D32614-A815-40C6-9DCF-891D7FFCD972">
<ns0:Num>11402.</ns0:Num>
<ns0:LawSectionVersion id="id_7A4165EF-901A-4BDD-ADC9-AC8FC90044B0">
<ns0:Content>
<html:p>In order to be eligible for AFDC-FC, a child or nonminor dependent shall be placed in one of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Before January 1, 2021:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The approved home of a relative, provided the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The approved home of a nonrelative extended family member, as described in Section 362.7.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The licensed family home of a nonrelative.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The approved home of a
kinship family, as defined in Section 16519.4, or the approved home of a resource family, as defined in Section 16519.5, if either of the following is true:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The caregiver is a nonrelative.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The caregiver is a relative, and the child or youth is otherwise eligible for federal financial participation in the AFDC-FC payment.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A small family home, as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A housing unit, as described in Section 1559.110 of the Health and Safety Code, certified by a licensed transitional housing placement provider, as defined in paragraph (12) of subdivision (a) of Section 1502 of the Health and Safety Code and subdivision (r) of Section 11400.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
An approved supervised independent living setting for nonminor dependents, as described in subdivision (x) of Section 11400.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A licensed foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, for placement into
an approved home used exclusively by the foster family agency.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
An out-of-state residential facility that meets the statutory requirements for placing a child or youth in an out-of-state residential facility, provided that the placement worker documents that the requirements of Section 7911.1 of the Family Code have been met, including, but not limited to, the child-specific certification of the facility by the department.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A community treatment facility, as defined in paragraph (8) of subdivision (a) of Section 1502 of the Health and Safety Code, and as set forth in Article 5 (commencing with
Section 4094) of Chapter 3 of Part 1 of Division 4.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A community care facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code and vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations, unless the facility is a group home for children with special health care needs, as defined in paragraph (2) of subdivision (a) of Section 4684.50 of this code.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The home of a nonrelated legal guardian or the home of a former nonrelated legal guardian if the guardianship of a child or youth who is otherwise eligible for AFDC-FC has been dismissed due to the child or youth attaining 18 years of age.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
A dormitory or other designated housing of a postsecondary educational institution in which a minor dependent who
is enrolled at the postsecondary educational institution is living independently, as described in Section 11402.7.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
On or after April 1, 2021, a residential family-based treatment facility for substance abuse, in which an eligible child is placed with a parent in treatment, licensed pursuant to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of Division 10.5 of the Health and Safety Code, and the placement and facility meets all of the requirements of subdivision (j) of Section 672 of Title 42 of the United States Code.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
A tribally approved home, as defined in Section 224.1.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_581CDE75-30D1-436E-BCC0-6D89E782BDDA">
<ns0:Num>SEC. 93.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11461.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 11461 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B6E76AC3-6628-4E41-AFEB-F0BF484B9F96">
<ns0:Num>11461.</ns0:Num>
<ns0:LawSectionVersion id="id_4AE61DB2-E424-4768-91AF-40F219DCB47B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For children or, on and after January 1, 2012, nonminor dependents placed in a licensed or approved family home with a capacity of six or less, or in an approved home of a relative or nonrelated legal guardian, or the approved home of a nonrelative extended family member, as described in Section 362.7, or, on and after January 1, 2012, a supervised independent living placement, as defined in subdivision (w) of Section 11400, the per child per month basic rates in the following schedule shall be in effect for the period July 1, 1989, through December 31, 1989:
<html:table id="id_6311D0E0-2E5F-4C21-AFE0-C9A8D1C838A6">
<html:colgroup>
<html:col width="336.0"/>
<html:col width="80.0"/>
</html:colgroup>
<html:thead>
<html:tr>
<html:th valign="bottom">
<html:p class="HeaderLeft" style="font-size:9pt; text-align:left; text-indent:0pt;">
<html:span class="EmSpace"/>
Age
</html:p>
</html:th>
<html:th valign="bottom">
<html:p class="HeaderCentered" style="font-size:9pt; text-align:center; text-indent:0pt;">Basic rate</html:p>
</html:th>
</html:tr>
</html:thead>
<html:tbody>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
0–4
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">
$
<html:span class="ThinSpace"/>
<html:span class="ThinSpace"/>
294
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
5–8
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">
<html:span class="EmSpace"/>
$
<html:span class="ThinSpace"/>
<html:span class="ThinSpace"/>
319
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
9–11
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">
<html:span class="EmSpace"/>
$
<html:span class="ThinSpace"/>
<html:span class="ThinSpace"/>
340
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
12–14
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">
<html:span class="EmSpace"/>
$
<html:span class="ThinSpace"/>
<html:span class="ThinSpace"/>
378
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
15–20
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">
<html:span class="EmSpace"/>
$
<html:span class="ThinSpace"/>
<html:span class="ThinSpace"/>
412
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any county that, as of October 1, 1989, has in effect a basic rate that is at the levels set forth in
the schedule in subdivision (a), shall continue to receive state participation, as specified in subdivision (c) of Section 15200, at these levels.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any county that, as of October 1, 1989, has in effect a basic rate that exceeds a level set forth in the schedule in subdivision (a), shall continue to receive the same level of state participation as it received on October 1, 1989.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The amounts in the schedule of basic rates in subdivision (a) shall be adjusted as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Effective January 1, 1990, the amounts in the schedule of basic rates in subdivision (a) shall be increased by 12 percent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Effective May 1, 1990, any county that did not increase the basic rate by 12 percent on January 1, 1990, shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Increase the basic rate in effect December 31, 1989, for which state participation is received by 12 percent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Increase the basic rate, as adjusted pursuant to subparagraph (A), by an additional 5 percent.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), effective July 1, 1990, for the 1990–91 fiscal year, the amounts in the schedule of basic rates in subdivision (a) shall be increased by an additional 5 percent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The rate increase required by subparagraph (A) shall not be applied to rates increased May 1, 1990, pursuant to paragraph (2).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Effective July 1, 1998, the amounts in the schedule of basic rates in subdivision (a) shall be increased by 6 percent.
Notwithstanding any other law, the 6-percent increase provided for in this paragraph shall, retroactive to July 1, 1998, apply to every county, including any county to which paragraph (2) of subdivision (b) applies, and shall apply to foster care for every age group.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding any other law, any increase that takes effect after July 1, 1998, shall apply to every county, including any county to which paragraph (2) of subdivision (b) applies, and shall apply to foster care for every age group.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The increase in the basic foster family home rate shall apply only to children placed in a licensed foster family home receiving the basic rate or in an approved home of a relative or nonrelative extended family member, as described in Section 362.7, a supervised independent living placement, as defined in subdivision (w) of Section 11400, or a nonrelated legal guardian receiving
the basic rate. The increased rate shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster homes.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Beginning with the 1991–92 fiscal year, the schedule of basic rates in subdivision (a) shall be adjusted by the percentage changes in the California Necessities Index, computed pursuant to the methodology described in Section 11453, subject to the availability of funds.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In addition to the adjustment in subparagraph (A) effective January 1, 2000, the schedule of basic rates in subdivision (a) shall be increased by 2.36 percent rounded to the nearest dollar.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Effective January 1, 2008, the schedule of basic rates in subdivision (a), as adjusted pursuant to subparagraph
(B), shall be increased by 5 percent, rounded to the nearest dollar. The increased rate shall not be used to compute the monthly amount that may be paid to licensed foster family agencies for the placement of children in certified foster family homes, and shall not be used to recompute the foster care maintenance payment that would have been paid based on the age-related, state-approved foster family home care rate and any applicable specialized care increment, for any adoption assistance agreement entered into prior to October 1, 1992, or in any subsequent reassessment for adoption assistance agreements executed before January 1, 2008.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Any county that, as of the 1991–92 fiscal year, receives state participation for a basic rate that exceeds the amount set forth in the schedule of basic rates in subdivision (a) shall receive an increase each year in state participation for that basic rate of one-half of the
percentage adjustments specified in paragraph (1) until the difference between the county’s adjusted state participation level for its basic rate and the adjusted schedule of basic rates is eliminated.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), all counties for the 1999–2000 fiscal year and the 2007–08 fiscal year shall receive an increase in state participation for the basic rate of the entire percentage adjustment described in paragraph (1).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a county has, after receiving the adjustments specified in paragraph (2), a state participation level for a basic rate that is below the amount set forth in the adjusted schedule of basic rates for that fiscal year, the state participation level for that rate shall be further increased to the amount specified in the adjusted schedule of basic rates.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
As used in this section, “specialized care increment” means an amount paid on behalf of a child requiring specialized care to a home listed in subdivision (g) in addition to the rates set forth in subdivisions (g) and (h). Notwithstanding subdivision (g), the specialized care increment shall not be paid to a nonminor dependent placed in a supervised independent living placement as defined in subdivision (w) of Section 11400. A county or tribe that has entered into a Title IV-E intergovernmental agreement pursuant to Section 10553.1 may have a ratesetting system for specialized care to pay for the additional care and supervision needed to address the behavioral, emotional, and physical requirements of foster children. A county or tribe that has entered into a Title IV-E intergovernmental agreement pursuant to Section 10553.1 may modify its specialized care rate system as needed, to accommodate changing specialized placement needs of children.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department shall have the authority to review the county’s or tribe’s specialized care information, including the criteria and methodology used for compliance with state and federal law, and to require changes if necessary to conform to state and federal law.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The department shall make available to the public each county’s or tribe’s specialized care information, including the criteria and methodology used to determine the specialized care increments.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Upon a request by a county or tribe that has entered into a Title IV-E intergovernmental agreement pursuant to Section 10553.1 for technical assistance, specialized care information shall be provided by the department within 90 days of the request to the department.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except for subparagraph (B), beginning January 1, 1990, specialized care increments shall be adjusted in accordance with the methodology for the schedule of basic rates described in subdivision (g).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subdivision (e) of Section 11460, for the 1993–94 fiscal year, an amount equal to 5 percent of the State Treasury appropriation for family homes shall be added to the total augmentation for the AFDC-FC program in order to provide incentives and assistance to counties in the area of specialized care. This appropriation shall be used, but not limited to, encouraging counties to implement or expand specialized care payment systems, to recruit and train foster parents for the placement of children with specialized care needs, and to develop county systems to encourage the placement of children in family homes. It is the intent of the Legislature that in the use of these funds, federal
financial participation shall be claimed whenever possible.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), the specialized care increment shall not receive a cost-of-living adjustment in the 2011–12 or 2012–13 fiscal years.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding clause (i), a county may choose to apply a cost-of-living adjustment to its specialized care increment during the 2011–12 or 2012–13 fiscal years. To the extent that a county chooses to apply a cost-of-living adjustment during that time, the state shall not participate in the costs of that adjustment.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
To the extent that federal financial participation is available for a cost-of-living adjustment made by a county pursuant to clause (ii), it is the intent of the Legislature that the federal funding shall be utilized.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this subdivision shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
As used in this section, “clothing allowance” means the amount paid by a county, at the county’s option, in addition to the rates set forth in subdivisions (g) and (h) for the provision of additional clothing for a child, including, but not limited to, an initial supply of clothing and school or other uniforms. The frequency and level of funding shall be based on the needs of the child, as determined by the county.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The state shall no longer participate in any clothing allowance in addition to the basic rate, commencing with the
2011–12 fiscal year.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding subdivisions (a) to (d), inclusive, for a child, or on and after January 1, 2012, a nonminor dependent, placed in a licensed foster family home or with a
kinship family or resource family, or placed in a tribally approved home, as defined in Section 224.1, or placed in an approved home of a relative or the approved home of a nonrelative extended family member, as described in Section 362.7, or placed on and after January 1, 2012, in a supervised independent living placement, as defined in subdivision (w) of Section 11400, the per child per month basic rate in the following schedule shall be in effect for the period commencing July 1, 2011, or the date specified in the final order, for which the time to appeal has passed, issued by a
court of competent jurisdiction in California State Foster Parent Association v. William Lightbourne, et al. (U.S. Dist. Ct. C 07-08056 WHA), whichever is earlier, through June 30, 2012:
</html:p>
<html:table id="id_EA20DF15-A884-4529-817A-CDD50F8A9284">
<html:colgroup>
<html:col width="336.0"/>
<html:col width="80.0"/>
</html:colgroup>
<html:thead>
<html:tr>
<html:th valign="bottom">
<html:p class="HeaderLeft" style="font-size:9pt; text-align:left; text-indent:0pt;">Age</html:p>
</html:th>
<html:th valign="bottom">
<html:p class="HeaderCentered" style="font-size:9pt; text-align:center; text-indent:0pt;">Basic rate</html:p>
</html:th>
</html:tr>
</html:thead>
<html:tbody>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
0–4
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">
$
<html:span class="ThinSpace"/>
<html:span class="ThinSpace"/>
609
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
5–8
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">
$
<html:span class="ThinSpace"/>
<html:span class="ThinSpace"/>
660
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
<html:span class="EnSpace"/>
9–11
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">
$
<html:span class="ThinSpace"/>
<html:span class="ThinSpace"/>
695
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
12–14
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">
$
<html:span class="ThinSpace"/>
<html:span class="ThinSpace"/>
727
</html:p>
</html:td>
</html:tr>
<html:tr>
<html:td>
<html:p class="Left10Point" style="font-size:10pt; text-align:left; ; text-indent:0pt;">
15–20
<html:span class="DottedLeaders"/>
</html:p>
</html:td>
<html:td>
<html:p class="Center10Point" style="font-size:10pt; text-align:center; text-indent:0pt;">
$
<html:span class="ThinSpace"/>
<html:span class="ThinSpace"/>
761
</html:p>
</html:td>
</html:tr>
</html:tbody>
</html:table>
<html:p>
(2)
<html:span class="EnSpace"/>
Commencing July 1, 2011, the basic rate set forth in this subdivision shall be annually adjusted on July 1 by the annual percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Subdivisions (e) and (f) shall apply to payments made pursuant to this subdivision.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For the 2016–17 fiscal year, the department shall develop a basic rate in coordination with the development of the foster family agency rate authorized in Section 11463 that ensures a child placed in a home-based setting described in paragraph (1), and a child placed in a
certified family home or with a resource family approved by a foster family agency, is eligible for the same basic rate set forth in this paragraph.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The rates developed pursuant to this paragraph shall not be lower than the rates proposed as part of the Governor’s 2016 May Revision.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Unless the Tiered Rate Structure established in subdivision (h) applies to a child or nonminor dependent, a certified family home of a foster family agency shall be paid the basic rate set forth in this paragraph only through December 31, 2028, or 24 months from the date required under paragraph (9) of subdivision (h), whichever is later.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The basic rate paid to either a certified family home or a resource family approved by a foster family agency shall be paid by the agency to the certified family home or resource family
from the rate that is paid to the agency pursuant to Section 11463.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the basic rates and the manner in which they are determined shall be set forth in written directives until regulations are adopted.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The basic rates set forth in written directives or regulations pursuant to subparagraph (C) shall become inoperative on January 1, 2029, or 24 months from the date required under paragraph (9) of subdivision (h) of this section, whichever is later.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Subject to an appropriation in the annual Budget Act, the rate paid for a nonminor dependent placed in a supervised independent
living placement in California, as defined in subdivision (w) of Section 11400, shall be supplemented with a housing supplement, which shall be calculated by the department as the difference between one-half of the federal fiscal year 2023 fair market rent for a two-bedroom apartment in the county in which the nonminor resides and 30 percent of the rate established pursuant to paragraphs (1) to (4), inclusive, of this subdivision.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A nonminor dependent shall not receive a monthly rate less than the rate established pursuant to paragraphs (1) to (4), inclusive, of this subdivision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The supplement pursuant to subparagraph (A) shall commence on July 1, 2025, or when the department notifies the Legislature that the Statewide Automated Welfare System (CalSAWS) can perform the necessary automation to implement it, whichever is later.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The monthly housing supplement payment made pursuant to this section shall be added to the rate paid to a nonminor dependent placed in a supervised independent living placement and shall be prorated based on the number of days in a month the nonminor dependent was in the placement eligible for the supplement. Notwithstanding Section 11466.24, overpayments shall not be collected on the housing supplement pursuant to this paragraph.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The department shall work with the County Welfare Directors Association of California and the CalSAWS to develop and implement the necessary system changes to implement the housing supplement provided pursuant to subparagraph (A).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Consistent with the implementation timeline in subparagraph (B), the department shall annually calculate the housing supplement described in this paragraph
by November 1 of each year and shall inform the CalSAWS of the amount of the supplement by means of all-county letters or similar written instructions. The department shall annually inform county welfare agencies in the month of July of the following year of the amount of the supplement by means of all-county letters or similar written instructions.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
For purposes of this paragraph, “fair market rent” means the federal fiscal year 2023 rent calculated for the fair market rent system developed by the United States Department of Housing and Urban Development for use in determining the allowable rent level for an individual who participates in the Housing Choice Voucher program, including the cost of housing and utilities, except for telephone, cable, and internet, and is calculated for each county by the United States Department of Housing and Urban Development.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Unless
otherwise specified by law, and except as provided in paragraphs (6) to (8), inclusive, in accordance with the schedules provided in paragraph (4) and Sections 16562 and 16565, the per child per month rate for every child in foster care shall be based on the Tiered Rate Structure as set forth in this subdivision.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The following definitions shall apply for purposes of the Tiered Rate Structure established in this section:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“Integrated Practice-Child and Adolescent Needs and Strengths” or “IP-CANS” means a validated functional assessment tool that supports decisionmaking and allows for the monitoring of outcomes and services, assesses the well-being of children through the identification of their strengths and needs, and determines their tier as part of the Tiered Rate Structure established in this subdivision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Tiered Rate Structure” means the framework that establishes a rate structure consisting of three tiers developed by the department based on a statistical analysis of the IP-CANS assessment of California foster children. The tier levels are designed to address the levels of care and needs of the children in each tier regardless of their placement setting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Tiered Rate Structure shall consist of the following three components:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An amount paid to the foster care provider in return for care and supervision, as defined in subdivision (b) of Section 11460.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Strengths Building Funding to provide for a child’s strengths building objectives, as identified by the IP-CANS, paid pursuant to the Strengths Building Child and Family Determination Program established in Section 16565.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Immediate Needs Funding to provide for a child’s immediate needs as identified by the IP-CANS, paid pursuant to the Immediate Needs Program established in Section 16562.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
As the Care and Supervision component of the Tiered Rate Structure, foster care providers shall be paid a per child per month rate in return for care and supervision, as defined in subdivision (b) of Section 11460, excluding paragraphs (1) and (2) of that subdivision, based on the child’s tier established by the results of the child’s IP-CANS assessment, as follows:
</html:p>
<html:p>Tier 1: $1788</html:p>
<html:p>Tier 2: $3490</html:p>
<html:p>Tier 3: $6296 [Ages 0-5]</html:p>
<html:p>Tier 3+: $6296 [Ages 6+]</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The components of the Tiered
Rate Structure described in paragraph (2) shall be phased in as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For new entries or reentries into foster care, as defined by the department, beginning on the date required by paragraph (9), the components of the Tiered Rate Structure shall be effective on the date on which the IP-CANS assessment is completed and entered into the statewide child welfare information system, as prescribed by Section 16560, or 60 days after the child enters or reenters foster care, whichever comes first.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A rate of two thousand five hundred dollars ($2500) for the Care and Supervision component, as set forth in paragraph (3), shall be paid pending completion and entry into the statewide child welfare information system of the IP-CANS assessment to determine the child’s tier, as prescribed by Section 16560. This rate shall be referred to as the “entry
rate.”
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Provided all state and federal rate and licensing requirements are met, the entry rate for a child or nonminor dependent placed with a foster family agency or short-term residential therapeutic program shall also include a rate of one thousand six hundred ten dollars ($1,610) for administrative and other activities, as set forth in paragraphs (1) and (2) of subdivision (b) of Section 11460.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Beginning July 1, 2028, the entry rate shall be annually adjusted on July 1 by the annual percentage change in the California Necessities Index that applies to the year in which the annual adjustment is made.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
If the IP-CANS assessment is not completed and entered into the statewide child welfare information system within 60 days of a child’s entry or reentry into foster care, the components of the Tiered Rate
Structure shall be effective retroactive to 60 days after the child enters or reenters foster care.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For all other children in foster care placement on July 1, 2027, the components of the Tiered Rate Structure as set forth in paragraph (2) shall be paid consistent with the child’s tier as determined by the child’s IP-CANS assessment, pursuant to a schedule to be determined by the department, and developed in collaboration with county placing agencies, tribes, and stakeholders, but in no case later than January 1, 2029, or 24 months from the date required under paragraph (9), whichever is later.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Beginning July 1, 2028, and on July 1 of each fiscal year thereafter, the rate set forth in paragraph (3) shall be annually adjusted by the annual percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding paragraph (3), the following care and supervision rates shall apply in the following settings:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The care and supervision rate paid on behalf of a child or nonminor dependent placed in a setting described in subdivision (d) of Section 11402 shall be the rate set forth in Section 11403.3.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The rate paid for a nonminor dependent placed in a setting described in subdivision (w) of Section 11400 shall be the rate set forth in paragraphs (4) and (5) of subdivision (g). Beginning July 1, 2027, or on the date required under paragraph (9), whichever is later, the rate paid shall consist of the sum of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A rate equivalent to Tier 1 of the care and supervision rate in paragraph (3) inclusive of any annual adjustments
described in paragraph (5).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A rate equivalent to Tier 1 of the Strengths Building Funding set forth in paragraph (1) of subdivision (d) of Section 16565.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Subject to an appropriation in the annual Budget Act, the housing supplement described in paragraph (5) of subdivision (g), if applicable.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The rate paid on behalf of a child or nonminor dependent placed in a setting described in subdivision (h) of Section 11402 shall be the rate established by the State Department of Developmental Services.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Notwithstanding any other law, children and nonminor dependents who are both regional center consumers and recipients of Aid to Families With Dependent Children-Foster Care (AFDC-FC) or the Approved Relative Caregiver Funding Program (ARC) shall
be assessed for the dual agency rate and supplement, if applicable, according to subdivision (c) or (d) of Section 11464 or subdivision (b) of Section 11461.3, as applicable, and shall also be separately assessed for the tiered rate described in paragraph (3), plus any applicable county specialized care increment, and receive the rate that is higher. Notwithstanding the higher applicable rate received, regional centers shall separately purchase or secure services contained in the child’s or nonminor dependent’s Individualized Family Services Plan (IFSP) or Individual Program Plan (IPP) pursuant to Section 4684.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Notwithstanding paragraph (3), the Care and Supervision component shall not apply to a child or nonminor dependent placed in a temporary shelter care facility or transitional shelter care facility.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) to (4), inclusive, the Tiered Rate
Structure shall not apply to a child whose nonrelated legal guardianship was ordered in probate court pursuant to Article 2 (commencing with Section 1510) of Chapter 1 of Part 2 of Division 4 of the Probate Code.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The three components of the Tiered Rate Structure described in paragraph (2) shall become operative on July 1, 2027, or the date after both of the following events have occurred, whichever is later:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The department notifies the Legislature that the California Statewide Automated Welfare System can perform the necessary automation to implement the Tiered Rate Structure.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The Legislature makes an appropriation for the express purpose of implementing this subdivision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall not be interpreted
to cease or delay any funding or action required to perform the automation or other activities necessary to prepare for the implementation of the Tiered Rate Structure.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this subdivision by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations no later than January 1, 2030.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Beginning in the 2011–12 fiscal year, and each fiscal year thereafter, funding and expenditures for programs and activities under this
section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_4305F488-75C3-4D03-953F-9AE0F586AC08">
<ns0:Num>SEC. 94.</ns0:Num>
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Section 11461.3 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3271F4ED-477D-4A2A-AEC1-5580C54BBF8A">
<ns0:Num>11461.3.</ns0:Num>
<ns0:LawSectionVersion id="id_C2FA20E0-B38F-4B0C-A347-375BF7C8C82A">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Approved Relative Caregiver Funding Program is hereby established for the purpose of making the amount paid to an approved relative caregiver for the in-home care of children and nonminor dependents placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children and nonminor dependents who are eligible for AFDC-FC payments.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Unless the child or nonminor dependent is eligible for a higher dual agency rate and supplement, if applicable, pursuant to Section 11464, the county with payment responsibility shall pay an approved relative caregiver a per child per month rate at the child’s or nonminor dependent’s assessed level of care, as set forth in subdivision (g) of Section 11461 and Section 11463, or on and after the
date required by paragraph (9) of subdivision (h) of Section 11461, the rate developed pursuant to the Tiered Rate Structure established in subdivision (h) of Section 11461, as applicable, in return for the care and supervision, as defined in subdivision (b) of Section 11460, of the child or nonminor dependent if all of the following conditions are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The child or nonminor dependent resides in California.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The child or nonminor dependent is described by subdivision (b), (c), or (e) of Section 11401 and the county welfare department or the county probation department is responsible for the placement and care of the child or nonminor dependent.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The child or nonminor dependent is not eligible for AFDC-FC while placed with the approved relative caregiver because the child or nonminor dependent is not
eligible for federal financial participation in the AFDC-FC payment.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Subdivision (b) shall not be interpreted to prevent a county from supplementing the payment made to the approved relative caregiver with any county optional program, including, but not limited to, a specialized care increment, as described in subdivision (e) of Section 11461, or a clothing allowance, as described in subdivision (f) of Section 11461.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any income or benefits received by an eligible child or the approved relative caregiver on behalf of the eligible child or nonminor dependent that would be offset against the rate paid to a foster care provider shall be offset from any funds that are not CalWORKs funds paid to the approved relative caregiver pursuant to this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Counties shall recoup an overpayment in the Approved
Relative Caregiver Funding Program received by an approved relative caregiver using the standards and processes for overpayment recoupment that are applicable to overpayments to an approved kinship family or approved
resource family, as specified in Section 11466.24. Recouped overpayments shall not be subject to remittance to the federal government. Any overpaid funds that are collected by the counties shall be remitted to the state after subtracting both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An amount not to exceed the county share of the CalWORKs portion of the Approved Relative Caregiver Funding Program payment, if any.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any other county funds that were included in the Approved Relative Caregiver Funding Program payment.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
To the extent permitted by federal law, payments received by the approved relative caregiver from the Approved Relative Caregiver Funding Program shall not be considered income for the purpose of determining other public benefits.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Prior
to referral of any individual or recipient, or that person’s case, to the local child support agency for child support services pursuant to Section 17415 of the Family Code, the county human services agency shall determine if an applicant or recipient has good cause for noncooperation, as set forth in Section 11477.04. If the applicant or recipient claims good cause exception at any subsequent time to the county human services agency or the local child support agency, the local child support agency shall suspend child support services until the county social services agency determines the good cause claim, as set forth in Section 11477.04. If good cause is determined to exist, the local child support agency shall suspend child support services until the applicant or recipient requests their resumption, and shall take other measures that are necessary to protect the applicant or recipient and the children. If the applicant or recipient is the parent of the child for whom aid is sought and the parent is found
to have not cooperated without good cause as provided in Section 11477.04, the applicant’s or recipient’s family grant shall be reduced by 25 percent for the time the failure to cooperate lasts.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Consistent with Section 17552 of the Family Code, if aid is paid under this chapter on behalf of a child who is under the jurisdiction of the juvenile court and whose parent or guardian is receiving reunification services, the county human services agency shall determine, prior to referral of the case to the local child support agency for child support services, whether the referral is in the best interest of the child, taking into account both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent’s ability to meet the requirements of the parent’s reunification
plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent’s current or future ability to meet the financial needs of the child.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this section, an “approved relative caregiver” includes a relative, as defined by paragraph (2) of subdivision (h) of Section 319, who has been approved as a kinship family pursuant to Section 16519.4 or a resource family pursuant to Section 16519.5.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding subdivision (b) and effective the first of the month following the date the department issues comprehensive policy, fiscal, and claiming instructions that will enable
counties to implement this subdivision pending the establishment of a new aid code, if needed, a child or nonminor dependent placed out of state in the home of a relative shall be eligible for payment pursuant to this section under the following conditions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The home of the relative is licensed or approved consistent with the requirements of the state in which the home is located.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child is described by paragraphs (2) and (3) of subdivision (b).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
All other eligibility conditions are met.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Payments made pursuant to this section shall be equal to, but not exceed, the foster care rate set by the rate-setting authority of the state in which the home is located, subject to any offset required pursuant to subdivision (d).
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The department shall adopt emergency regulations implementing this section no later than January 1, 2023. The department may readopt any emergency regulation authorized by this section that is the same as, or substantially equivalent to, any emergency regulation previously adopted pursuant to this section. The initial adoption of regulations pursuant to this section and one readoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and one readoption of emergency regulations authorized by this section shall be exempt from review by the Office of Administrative Law. The initial emergency regulations and the one readoption of emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State, and each shall remain in effect for
no more than 180 days, by which time final regulations shall be adopted.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
Notwithstanding any other law, when the placement of a child with a relative, as defined by paragraph (2) of subdivision (h) of Section 319, has been authorized by the juvenile court and the placement is ineligible for both emergency caregiver funding pursuant to Section 11461.36 and AFDC-FC due to the denial of kinship family or
resource family approval, the placement shall be funded pursuant to the provisions of this section.
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_8EDBE19A-2FE8-4969-91F1-E3DF566343E8">
<ns0:Num>SEC. 95.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11461.36.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 11461.36 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_96995E5A-AE57-4A8D-ADB1-EF0449C97207">
<ns0:Num>11461.36.</ns0:Num>
<ns0:LawSectionVersion id="id_1A114B9F-19FB-49DA-B9BA-6B2EB2EAAB8D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature to provide support to emergency caregivers, as defined in subdivision (c), who care for children and nonminor dependents before approval of an application under the kinship family approval program, resource family approval program, or approval as a tribally approved home.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For placements made on and after July 1, 2018, each county shall provide a payment equivalent to the kinship family or
resource family basic level rate of the home-based family care rate structure, pursuant to Section 11461 or 11463, to an emergency caregiver on behalf of a child or nonminor dependent placed in the home of the caregiver pursuant to subdivision (d) of Section 309, Section 361.45, Section 727.05, or clause (i) of subparagraph (A) of paragraph (1) of subdivision (h) of Section 319, subdivision (c) of Section 16519.4, or based on a compelling reason pursuant to subdivision (e) of Section 16519.5, subject to the availability of state and federal funds pursuant to subdivision (e), if all of the following criteria are met:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The child or nonminor dependent is not otherwise eligible for AFDC-FC or the Approved Relative
Caregiver Funding Program, pursuant to Section 11461.3, while placed in the home of the emergency caregiver.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The child or nonminor dependent resides in California.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The emergency caregiver has signed and submitted to the county or foster family agency an application for kinship family approval or resource family approval, or has initiated a tribally approved home process.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An application for
the Emergency Assistance Program has been completed.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this section, an “emergency caregiver” means an individual who has initiated a tribally approved home process or has a pending kinship family or resource family application filed with an appropriate agency on or after July 1, 2018, and who meets one of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The individual has been assessed pursuant to Section
361.4 or 727.05.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The individual has successfully completed the home environment assessment portion of the kinship family approval pursuant to subdivision (b) of Section 16519.4 or the home environment assessment portion of the resource family approval pursuant to paragraph (2) of subdivision (d) of Section 16519.5.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The beginning date of aid for payments made pursuant to subdivision (b) shall be the date of placement.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Funding for payments made pursuant to subdivision (b) for emergency or compelling reason placements made during the 2022–23 fiscal year, and each fiscal year
thereafter, shall be as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Payments shall be made to an emergency caregiver through the Emergency Assistance Program included in the state’s Temporary Assistance for Needy Families block grant.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The county shall be solely responsible for the nonfederal share of cost.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) and (2), if the child or nonminor dependent is determined to be ineligible for the Emergency Assistance Program included in the state’s Temporary Assistance for Needy Families block grant, 70 percent of the cost of the emergency payments made to the emergency caregiver shall be funded by the department and 30 percent shall be funded
by the county.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1), (2), and (3), payments required to be provided pursuant to subdivision (b) shall not be eligible for the federal or state share of cost upon approval or denial of the kinship family or resource family application, consistent with subdivision (g), or beyond 120 days, whichever occurs first.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding paragraph (4), the federal and state share of payment made pursuant to this subdivision shall be available beyond 120 days of payments, and up to 365 days of payments, if all of the following conditions are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
On a monthly basis, the county has documented good cause for delay in approving the kinship family or resource family application that is outside the direct control of the county due to processing background check clearances or exemptions or medical examinations, delays in home or grounds improvements that are outside the control of the family or county, completion of specialized or individualized training required of the family that are beyond the basic kinship family or resource family approval requirements, delays related to changes in the home environment resulting in the need for a new assessment, delays related to the time
commitments required of the caregiver as a result of the child’s placement into foster care, delays as a result of the applicant exercising due process rights, or delays that are based on the needs of the family.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
On a monthly basis, the deputy director or director of the county child welfare department, or their designees, or the chief probation officer, or their designee, as applicable, has been notified of the delay in approving the kinship family or resource family application and that notification is documented in the
kinship family or resource family approval file.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
On a monthly basis, the county provides to the department a list of the kinship family or resource family applications that have been pending for more than 120 days, the reasons for the delays, and documentation supporting the good cause determination.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
On and after the date required by paragraph (9) of subdivision (h) of Section 11461, and notwithstanding the rate described in subdivisions (b) and
(k), the rate paid to an emergency caregiver on behalf of a child or nonminor dependent placed with the emergency caregiver shall be equivalent to, and paid in the same manner as, the rate developed pursuant to the Tiered Rate Structure, as established in paragraph (4) of subdivision (h) of Section 11461.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the application for
kinship family or resource family approval is approved, the funding source for the placement shall be changed to AFDC-FC or the Approved Relative Caregiver Funding Program, as appropriate and consistent with existing eligibility requirements.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the application for kinship family or resource family approval is denied, eligibility for funding pursuant to this section shall be terminated.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A county shall not be liable for any federal disallowance or penalty imposed on the state as a result of a county’s action in reliance on the state’s instruction related to implementation of this section.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall monitor the implementation of this section, including, but not limited to, tracking the usage
and duration of Emergency Assistance Program payments made pursuant to this section and evaluating the duration of time a child or nonminor dependent is in a home pending kinship family or resource family approval.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department may request information or data necessary to oversee the implementation of this section until data collection is available through automation. Pending the completion of automation, information or data collected manually shall be determined in consultation with the County Welfare Directors Association of California.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
An appropriation shall not be made pursuant to Section 15200 for purposes of implementing this section.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On and after July 1, 2019, each county shall provide a payment equivalent to the resource family basic level rate of the home-based family care rate structure, pursuant to Section 11461 or 11463, on behalf of an Indian child, as defined in subdivision (a) of Section 224.1, placed in the home of the caregiver who is pending approval as a tribally approved home, as defined in subdivision
(r) of Section 224.1, if all of the following criteria are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The placement is made pursuant to subdivision (d) of Section 309, Section 361.45, Section 727.05, or clause (i) of subparagraph (A) of paragraph (1) of subdivision (h) of Section 319.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The caregiver has been assessed pursuant to Section 361.4.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child is not otherwise eligible for AFDC-FC or the Approved Relative Caregiver Funding Program, pursuant to Section 11461.3, while placed in the home of the caregiver.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The child resides in California.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The tribe or tribal agency has initiated the process for the home to become tribally approved.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
An
application for the Emergency Assistance Program has been completed by the placing agency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The beginning date of aid for payments made pursuant to this subdivision shall be the date of placement.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The funding source for the placement shall be changed to AFDC-FC or the Approved Relative Caregiver Funding Program, as appropriate and consistent with existing eligibility requirements, when the caregiver is approved as a tribally approved home. If the approval is denied, payments made pursuant to this subdivision shall cease.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Subdivisions (e), (f), and (h) to
(j), inclusive, shall apply to payments made pursuant to this subdivision.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement and administer this section through an all-county letter or similar instructions, which shall include instructions regarding the eligibility standards for emergency assistance until regulations are adopted.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_30691F37-3B5F-42CB-ACBD-D5981778F436">
<ns0:Num>SEC. 96.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11461.6.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 11461.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0B3193BD-D124-4BA5-82F5-B36C6570D914">
<ns0:Num>11461.6.</ns0:Num>
<ns0:LawSectionVersion id="id_1CE81CB3-64A4-46C9-AE3E-833771E58310">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Emergency Child Care Bridge Program for Foster Children is hereby established, to be implemented at the discretion of each county, for the purpose of stabilizing foster children with families at the time of placement by providing a time-limited payment or voucher for childcare following the child’s placement, or for a child whose parent is in foster care, and by providing the family with a childcare navigator to assist the family in accessing long-term subsidized childcare.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Emergency Child Care Bridge Program for Foster Children shall be administered by county welfare departments that choose to participate in the program.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
As determined by the county
welfare department, and consistent with guidance issued by the State Department of Social Services, counties may establish local priorities and may either provide payment directly to the family or childcare provider, or contract with a local alternative payment program to distribute vouchers for childcare.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the market rate survey is used to set reimbursement rates, counties that elect to provide payment directly to a family or childcare provider shall pay commensurate with the regional market rates, as described in Section 10374.5.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The market rate survey is used to set reimbursement rates, counties that elect to contract with a local alternative payment agency, as described in Section 10225, to distribute childcare vouchers, the vouchers shall be in an amount commensurate with the regional market rates, as described in Section 10374.5, and the contract shall not
displace, or result in the reduction of, an existing contract with a current local alternative payment program.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Participating county welfare departments shall determine eligibility of a child for the Emergency Child Care Bridge Program for Foster Children using the criteria outlined in paragraphs (2) and (3).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Family placements eligible to receive payment or a voucher for childcare include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Approved kinship families, as described in Section 16519.4, and families that have a child
placed with them in an emergency or for a compelling reason, as described in Section 16519.4.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Approved resource families, as described in Section 16519.5 of this code and Section 1517 of the Health and Safety Code, and families that have a child placed with them in an emergency or for a compelling reason, as described in Section 16519.5.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Parents under the jurisdiction of the juvenile court, including, but not limited to, nonminor dependent parents.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A participating county welfare department may provide a payment or voucher if work or school responsibilities preclude kinship families or resource families from providing care when the child for whom they have care and responsibility is not in school or for periods when the family, as described in paragraph (2), is required to participate, without the child, in activities associated with parenting a child that are beyond the scope of ordinary parental duties, including, but not limited to, attendance at administrative or judicial reviews, case conferences, and family training.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Each child receiving a monthly childcare payment or voucher
shall be provided with a childcare navigator, pursuant to paragraph (5) of subdivision (a) of Section 10219, who shall work directly with the child’s family, social worker, and the child and family team to assist in accessing childcare at the time of placement as well as long-term, subsidized childcare for the child, as necessary.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Each child receiving a monthly childcare payment or voucher shall be eligible to receive the payment or voucher for up to six months. If the child and family access long-term, subsidized childcare prior to the end of the six-month period covered by the payment or voucher, eligibility for the monthly payment or voucher shall terminate upon enrollment in long-term, subsidized childcare.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Eligibility for the monthly payment or voucher may be extended beyond the initial six-month period for an additional six-month period, not
to exceed 12 months in total, at the discretion of the county welfare department, if the child and family have been unable to access long-term, subsidized childcare during the initial six-month period.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), the county welfare department may extend eligibility for the monthly payment or voucher beyond 12 months based on a compelling reason that may include, but is not limited to, the inability of the foster child to successfully transition to other subsidized childcare, the loss of the payment or voucher would jeopardize a successful reunification or permanency plan, or other reasons authorized pursuant to guidance issued by the department, with input from stakeholders. This paragraph shall become operative September 1, 2022.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The department shall seek all federal approvals necessary to claim federal reimbursement under Title IV-E of the federal
Social Security Act in order to maximize state and local funding for childcare.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section shall not be interpreted to create an entitlement to a childcare payment or voucher.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The program established pursuant to this section is intended to complement county child welfare agency efforts to recruit, retain, and support kinship families and resource families, as described in Section 16003.5, and any funding provided to counties pursuant to this section shall supplement those county activities to support the goals of Chapter 773 of the Statutes of 2015 and Chapter 612 of
the Statutes of 2016.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_C6FED77E-2656-4559-818E-76645C301DCE">
<ns0:Num>SEC. 97.</ns0:Num>
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Section 11462 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_85C54B4D-A0B8-4D0D-9CB4-1B86F9014D65">
<ns0:Num>11462.</ns0:Num>
<ns0:LawSectionVersion id="id_15030456-76B7-48F5-93EB-8D58765D0F81">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall commence development of a new payment structure for short-term residential therapeutic program placements claiming Title IV-E funding, in consultation with county placing agencies and providers.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall develop a rate system that includes consideration of all of the following factors:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Core services, made available to children and nonminor dependents either directly or secured through formal agreements with other agencies, which are trauma informed and culturally relevant and include:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Specialty mental health services for children who meet medical necessity criteria for specialty mental
health services under the Medi-Cal Early and Periodic Screening, Diagnostic, and Treatment program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Transition support services for children, youth, and families upon initial entry and placement changes and for families who assume permanency through reunification, adoption, or guardianship.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Educational and physical, behavioral, and mental health supports, including extracurricular activities and social supports.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Activities designed to support transition-age youth and nonminor dependents in achieving a successful adulthood.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Services to achieve permanency, including supporting efforts to reunify or achieve adoption or guardianship and efforts to maintain or establish relationships with parents, siblings, extended family members, tribes, or
others important to the child or youth, as appropriate.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
When serving Indian children, as defined in subdivisions (a) and (b) of Section 224.1, the core services described in subparagraphs (A) to (E), inclusive, which shall be provided to eligible children consistent with active efforts pursuant to Section 361.7.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Facilitating the identification and, as needed, the approval of kinship families pursuant to Section 16519.4 or resource families pursuant to Section 16519.5, for the purpose of transitioning children and youth to family-based care.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If a short-term residential therapeutic program elects to approve and monitor resource families directly, the program shall comply
with all laws applicable to foster family agencies, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For short-term residential therapeutic programs that elect to approve and monitor resource families directly, the department shall have all the same duties and responsibilities as those programs have for licensed foster family agencies, as set forth in applicable law, including, but not limited to, those set forth in the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The core services specified in subparagraphs (A) to (G), inclusive, of paragraph (1) are not intended to duplicate services already available to foster children in the community, but to support access to those services
and supports to the extent they are already available. Those services and supports may include, but are not limited to, foster youth services available through county offices of education, Indian Health Services, or school-based extracurricular activities.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Specialized and intensive treatment supports that encompass the elements of nonmedical care and supervision necessary to meet a child’s or youth’s safety and other needs that cannot be met in a family-based setting.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Staff training.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Health and Safety Code requirements.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Accreditation that includes:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Provision for all licensed short-term residential therapeutic programs to obtain and maintain in good standing
accreditation from a nationally recognized accreditation agency, as identified by the department, with expertise in programs for children or youth group care facilities, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Promulgation by the department of information identifying that agency or agencies from which accreditation shall be required.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Provision for timely reporting to the department of any change in accreditation status.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Provision for reduction or revocation of the rate in the event of the suspension, lapse, revocation, or other loss of accreditation, or failure to provide proof of that accreditation to the department upon request.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Mental health certification, including a requirement to timely report to the department any change in mental health
certificate status.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Maximization of federal financial participation under Title IV-E and Title XIX of the Social Security Act.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department shall establish rates pursuant to subdivisions (a) and (b) commencing January 1, 2017. The rate structure shall include an interim rate, a provisional rate for new short-term residential therapeutic programs, and a probationary rate. The department may issue a one-time reimbursement for accreditation fees incurred after August 1, 2016, in an amount and manner determined by the department in written directives.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Unless the Tiered Rate Structure established in subdivision (h) of Section 11461 applies to a child or nonminor dependent, initial interim rates developed pursuant to this section shall be effective January 1, 2017, to December 31,
2028, inclusive, or 24 months from the date required by paragraph (9) of subdivision (h) of Section 11461, whichever is later.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The initial interim rates developed pursuant to this paragraph shall not be lower than the rates proposed as part of the Governor’s 2016 May Revision.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The initial interim rates set forth in written directives or regulations pursuant to paragraph (3) shall become inoperative on January 1, 2029, inclusive, or 24 months after the date required by paragraph (9) of subdivision (h) of Section 11461, whichever is later.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Consistent with Section 11466.01, for provisional and probationary rates, the following shall be established:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Terms and conditions, including the duration of the rate.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An administrative review process for rate determinations, including denials, reductions, and terminations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An administrative review process that includes a departmental review, corrective action, and a protest with the department. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), this process shall be disseminated by written directive pending the promulgation of regulations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the initial interim rates, provisional rates, and probationary rates and the manner in which they are determined shall be set
forth in written directives until regulations are adopted.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety audits and reviews. The state agencies shall attempt to minimize duplicative audits and reviews to reduce the administrative burden on providers.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding the rates established pursuant to subdivisions (a) to (c), inclusive, the care and supervision rate paid on behalf of a child or nonminor dependent placed in a short-term residential therapeutic program on or after the date required by paragraph (9) of subdivision (h) of Section 11461 shall be based on
the Tiered Rate Structure established in subdivision (h) of Section 11461.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provided all federal and state rate and licensing requirements are met, the per child per month care and supervision rate, as set forth in paragraph (3) of subdivision (h) of Section 11461, for a child or nonminor dependent placed in a short-term residential therapeutic program shall include a rate, according to the child’s or nonminor dependent’s tier, as determined by the child’s or nonminor dependent’s periodic IP-CANS assessment, for administrative and other activities described in paragraphs (1) and (2) of subdivision (b) of Section 11460, according to the following tiered schedule:
</html:p>
<html:p>Tier 1: $1610</html:p>
<html:p>Tier 2: $2634</html:p>
<html:p>Tier 3: $2634 [Ages 0-5]</html:p>
<html:p>Tier 3+: $7213 [Ages 6+]</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Beginning July 1, 2028, and on July 1 of each fiscal year thereafter, the rate set forth in paragraph (2), shall be adjusted by the annual percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
In addition to the care and supervision rate, provided a short-term residential therapeutic program is certified by the department as an immediate needs provider, a presumption exists that the placing agency will contract with the short-term therapeutic residential program to provide services and supports using the Immediate Needs Funding for a child who is eligible for the Immediate Needs Program established in Section 16562, and who is placed in the short-term residential therapeutic residential program, unless the placing agency determines it is in the best interest of the child to receive services and supports from
another certified Immediate Needs Provider.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this subdivision by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations no later than January 1, 2030.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D4AA9A40-134C-4146-9A66-A11BA55625E5">
<ns0:Num>SEC. 98.</ns0:Num>
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Section 11462.01 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_EE3385ED-5A19-4F60-A3ED-7A10776EA09A">
<ns0:Num>11462.01.</ns0:Num>
<ns0:LawSectionVersion id="id_9C950172-B176-468E-A322-90A9B131FBF4">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a program will admit Medi-Cal beneficiaries, no later than 12 months following the date of initial licensure, a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 of this code and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, shall obtain a contract, subject to an agreement on rates and terms and conditions, with a county mental health plan to provide specialty mental health services and demonstrate the ability to meet the therapeutic needs of each child, as identified in any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A mental health assessment.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child’s case plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child’s needs and services plan.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The assessment of a qualified individual, as defined in subdivision (l) of Section 16501.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Other documentation demonstrating the child has a mental health need.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A short-term residential therapeutic program shall comply with any other mental health program approvals required by the State Department of Health Care Services or by a county mental health plan to which mental health program approval authority has been delegated.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A short-term residential therapeutic program, except as specified in subdivision (c), may accept for placement a child who meets both of the criteria in paragraphs (1) and (2) and at least one of the conditions in
paragraph (3).
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The child does not require inpatient care in a licensed health facility.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The child has been assessed as requiring the level of services provided in a short-term residential therapeutic program in order to maintain the safety and well-being of the child or others due to behaviors, including those resulting from traumas, that render the child or those around the child unsafe or at risk of harm, or that prevent the effective delivery of needed services and supports provided in the child’s own home or in other family settings, such as with a relative, guardian, foster family, kinship family, resource family, or adoptive family. The assessment shall ensure the child has needs in common with other children or youth in the care of the facility, consistent
with subdivision (c) of Section 16514.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The child meets at least one of the following conditions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child has been assessed, pursuant to Section 4096, as meeting the medical necessity criteria for Medi-Cal specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child has been assessed, pursuant to Section 4096, as seriously emotionally disturbed, as defined in subdivision (a) of Section 5600.3.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The child requires emergency placement pursuant to paragraph (3) of subdivision (h).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The child has been assessed, pursuant to Section 4096, as requiring the level of services provided by the
short-term residential therapeutic program in order to meet the child’s behavioral or therapeutic needs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Subject to the requirements of this subdivision, a short-term residential therapeutic program may have a specialized program to serve a child, including, but not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A commercially sexually exploited child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A private voluntary placement, if the youth exhibits status offender behavior, the parents or other relatives feel they cannot control the child’s behavior, and short-term intervention is needed to transition the child back into the home.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A juvenile sex offender.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A child who is affiliated with, or impacted by, a gang.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A short-term residential therapeutic program that is operating as a children’s crisis residential program, as defined in Section 1502 of the Health and Safety Code, may accept for admission any child who meets all of the requirements set forth in paragraph (3) of subdivision (c) of Section 11462.011 and subdivisions (a) to (e), inclusive, of Section 4096.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The primary function of a children’s crisis residential program is to provide short-term crisis stabilization, therapeutic intervention, and specialized programming in an unlocked, staff-secured setting with a high degree of supervision and structure and the goal of supporting the rapid and successful transition of the child back to the community.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A foster family agency that is certified as a Medi-Cal specialty mental health
provider pursuant to Section 1810.435 of Title 9 of the California Code of Regulations by the State Department of Health Care Services, or by a county mental health plan to which the department has delegated certification authority, and which has entered into a contract with a county mental health plan pursuant to Section 1810.436 of Title 9 of the California Code of Regulations, shall provide, or provide access to, specialty mental health services to children under its care who do not require inpatient care in a licensed health facility and who meet the medical necessity criteria for Medi-Cal specialty mental health services provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A foster family agency that is not certified as a Medi-Cal specialty mental health provider shall provide access to specialty and mental health services and other services in that program for children who do not require
inpatient care in a licensed health facility and who meet any of the conditions in paragraph (3) of subdivision (b). In this situation, the foster family agency shall do the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
In the case of a child who is a Medi-Cal beneficiary, arrange for specialty mental health services from the county mental health plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In all other cases, arrange for the child to receive mental health services.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
All short-term residential therapeutic programs shall maintain the level of care and services necessary to meet the needs, including the assessed needs and child-specific goals identified by a qualified individual pursuant to subdivision (g) of Section 4096, as applicable, of the children and youth in their care and shall maintain and have in good standing the appropriate mental health program approval. If a program
will admit Medi-Cal beneficiaries, the short-term residential therapeutic program shall obtain a certification to provide Medi-Cal specialty mental health services issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated mental health program approval authority, pursuant to Section 4096.5 of this code or Section 1810.435 or 1810.436 of Title 9 of the California Code of Regulations. All foster family agencies that are certified as a Medi-Cal specialty mental health provider pursuant to Section 1810.435 of Title 9 of the California Code of Regulations shall maintain the level of care and services necessary to meet the needs of children and youth in their care and shall maintain and have in good standing the Medi-Cal specialty mental health provider certification issued by the State Department of Health Care Services or a county mental health plan to which the department has delegated certification authority.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The assessments described in subparagraphs (A), (B), (C), and (D) of paragraph (3) of subdivision (b) shall ensure the child’s individual behavioral or treatment needs are consistent with, and can be met by, the facility and shall be made by one of the following, as applicable:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An interagency placement committee, as described in Section 4096, considering the recommendations from the child and family team. If the short-term residential therapeutic program serves children who are placed by county child welfare agencies and children who are placed by probation departments, the interagency placement committee shall also ensure the requirements of subdivision (c) of Section 16514 have been met with respect to commonality of need.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A licensed mental health professional as defined in subdivision (j) of Section
4096.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An individualized education program team. For the purposes of this section, an AFDC-FC funded child with an individualized education program developed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code that assesses the child as seriously emotionally disturbed, as defined in, and subject to, this section and recommends out-of-home placement at the level of care provided by the provider, shall be deemed to have met the assessment requirement.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A qualified individual, as defined in subdivision (l) of Section 16501.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The short-term residential therapeutic program shall maintain documentation of the assessments required pursuant to Section 4096 for AFDC-FC funded children, except as provided for in
paragraph (3) of subdivision (g). The short-term residential therapeutic program shall inform the department if the county placing agency does not provide the documentation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The approval shall be in writing and shall indicate that the interagency placement committee has determined one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child meets the medical necessity criteria for Medi-Cal specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child is seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Nothing in subdivisions (a) to (g), inclusive, or this subdivision shall prevent an emergency placement of a child or youth into
a certified short-term residential therapeutic program prior to the determination by the interagency placement committee, but only if a licensed mental health professional, as defined in subdivision (j) of Section 4096, has made a written determination within 72 hours of the child’s or youth’s placement, that the child or youth requires the level of services and supervision provided by the short-term residential therapeutic program in order to meet their behavioral or therapeutic needs. If the short-term residential therapeutic program serves children placed by county child welfare agencies and children placed by probation departments, the interagency placement committee shall also ensure the requirements of subdivision (c) of Section 16514 have been met with respect to commonality of need.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The interagency placement committee, as appropriate, shall, within 30 days of placement, make the determinations, with recommendations from the child
and family team, required by this subdivision.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If it determines the placement is appropriate, the interagency placement committee, with recommendations from the child and family team, shall transmit the approval, in writing, to the county placing agency and the short-term residential therapeutic program.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If it determines the placement is not appropriate, the interagency placement committee shall respond pursuant to subparagraph (B).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
If the interagency placement committee determines at any time that the placement is not appropriate, it shall, with recommendations from the child and family team, transmit the disapproval, in writing, to the county placing agency and the short-term residential therapeutic program and shall include a recommendation as to the child’s appropriate
level of care and placement to meet the child’s service needs. The necessary interagency placement committee representative or representatives shall participate in any child and family team meetings to refer the child or youth to an appropriate placement, as specified in this section.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The child may remain in the placement for the amount of time necessary to identify and transition the child to an alternative, suitable placement. On and after October 1, 2021, federal AFDC-FC shall not be used to fund the placement for more than 30 days from the date that the qualified individual or interagency placement committee determined that the placement is no longer recommended or the court disapproved the placement.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Notwithstanding clause (ii), if the interagency placement committee determined the placement was not appropriate due to a health and safety concern, immediate
arrangements for the child to transition to an appropriate placement shall occur.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Commencing January 1, 2017, for AFDC-FC funded children or youth, only those children or youth who are approved for placement, as set forth in this section, may be accepted by a short-term residential therapeutic program.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The department shall, through regulation, establish consequences for the failure of a short-term residential therapeutic program to obtain written approval for placement of an AFDC-FC funded child or youth pursuant to this section.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The department shall not establish a rate for a short-term residential therapeutic program unless the provider submits a recommendation from the host county or the primary placing county that the program is needed and that the provider is willing and capable of operating the
program at the level sought. For purposes of this subdivision, “host county,” and “primary placing county,” mean the same as defined in the department’s AFDC-FC ratesetting regulations.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Any short-term residential therapeutic program shall be reclassified and paid at the appropriate program rate for which it is qualified if any of the following occur:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
It fails to maintain the level of care and services necessary to meet the needs of the children and youth in care, as required by subdivision (a). The determination shall be made consistent with the department’s AFDC-FC ratesetting regulations developed pursuant to Section 11462.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the event of a determination under this paragraph, the short-term residential therapeutic program may appeal the finding or submit a corrective action
plan. The appeal process specified in Section 11466.6 shall be available to a short-term residential therapeutic program. During any appeal, the short-term residential therapeutic program shall maintain the appropriate level of care.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
It fails to maintain a mental health treatment program as required by subdivision (f).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
It fails to timely obtain or maintain accreditation as required by state law or fails to provide proof of that accreditation to the department upon request.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
In addition to any other review required by law, the child and family team as defined in paragraph (4) of subdivision (a) of Section 16501 may periodically review the placement of the child or youth. If the child and family team make a recommendation that the child or youth no longer needs, or is not benefiting from, placement in a
short-term residential therapeutic program, the team shall transmit the disapproval, in writing, to the county placing agency to consider a more appropriate placement.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
The department shall develop a process to address placements when, subsequent to the child’s or youth’s placement, a determination is made by the interagency placement team and shall consider the recommendations of the child and family team, either that the child or youth is not in need of the care and services provided by the certified program. The process shall include, but not be limited to:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Notice of the determination in writing to both the county placing agency and the short-term residential therapeutic program or foster family agency that provides intensive and therapeutic treatment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notice of the county’s plan, and a timeframe, for
removal of the child or youth in writing to the short-term residential therapeutic program that provides intensive and therapeutic treatment.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Referral to an appropriate placement.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Actions to be taken if a child or youth is not timely removed from the short-term residential therapeutic program that provides intensive and therapeutic treatment or placed in an appropriate placement.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Nothing in this section shall prohibit a short-term residential therapeutic program from accepting private admissions of children or youth.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
When a referral is not from a public agency and public funding is not involved, there is no requirement for public agency review or determination of need.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Children and youth subject to paragraphs (1) and (2) shall have been determined to be seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, and subject to Section 1502.4 of the Health and Safety Code, by a licensed mental health professional, as defined in subdivision (j) of Section 4096.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_FB006646-9336-46BD-BA00-A353E62452D4">
<ns0:Num>SEC. 99.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'11463.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 11463 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6B2C881C-BF3B-4940-878E-EFCA12E3DD79">
<ns0:Num>11463.</ns0:Num>
<ns0:LawSectionVersion id="id_E986D140-4A4B-4749-A5E7-29B16A7415B3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall commence development of a new payment structure for the Title IV-E funded foster family agency placement option that maximizes federal funding, in consultation with county placing agencies.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department shall develop a payment system for foster family agencies that provide treatment, intensive treatment, and therapeutic foster care programs, and shall consider all of the following factors:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Administrative activities that are eligible for federal financial participation provided, at the request of the county, for and to county-licensed or approved family
homes, kinship families, resource families, intensive case management and supervision, and services to achieve legal permanency or successful transition to adulthood.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Social work activities that are eligible for federal financial participation under Title IV-E (42 U.S.C. Sec. 670 et seq.) of the federal Social Security Act.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Social work and mental health services eligible for federal financial participation under Title XIX (42 U.S.C. Sec. 1396 et seq.) of the federal Social Security Act.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Intensive treatment or therapeutic services in the foster family agency.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Core services that are made available to children and nonminor dependents either directly or secured through agreements with other agencies,
and which are trauma informed, culturally relevant, and include any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Specialty mental health services for children who meet medical necessity criteria for specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Transition support services for children, youth, and families upon initial entry and placement changes and for families who assume permanency through reunification, adoption, or guardianship.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Educational, physical, behavioral, and mental health supports, including extracurricular activities and social supports.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Activities designed to support transition-age youth and nonminor dependents in achieving a successful adulthood.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Services to achieve permanency, including supporting efforts to reunify or achieve adoption or guardianship and efforts to maintain or establish relationships with parents, siblings, extended family members, tribes, or others important to the child or youth, as appropriate.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
When serving Indian children, as defined in subdivisions (a) and (b) of Section 224.1, the core services specified in subparagraphs (A) to (E), inclusive, shall be provided to eligible Indian children consistent with active efforts pursuant to Section 361.7.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
The core services specified in subparagraphs (A) to (F), inclusive, are not intended to duplicate services already available to foster children in the community, but to support access to those services and supports to the extent already available. Those services and supports may
include, but are not limited to, foster youth services available through county offices of education, Indian Health Services, and school-based extracurricular activities.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Staff training.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Health and Safety Code requirements.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A process for accreditation that includes all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Provision for all licensed foster family agencies to maintain in good standing accreditation from a nationally recognized accreditation agency with expertise in programs for youth group care facilities, as determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Promulgation by the department of information identifying the agency or agencies from which accreditation shall be required.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Provision for timely reporting to the department of any change in accreditation status.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Mental health certification, including a requirement to timely report to the department any change in mental health certificate status.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Populations served, including, but not limited to, any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Children and youth assessed as seriously emotionally disturbed, as described in subdivision (a) of Section 5600.3, including those children and youth placed out-of-home pursuant to an individualized education program developed under Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Children
assessed as meeting the medical necessity criteria for specialty mental health services, as provided for in Section 1830.205 or 1830.210 of Title 9 of the California Code of Regulations.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
AFDC-FC children and youth receiving intensive and therapeutic treatment services in a foster family agency.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
AFDC-FC children and youth receiving mental health treatment services from a foster family agency.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Maximization of federal financial participation for Title IV-E (42 U.S.C. Sec. 670 et seq.) and Title XIX (42 U.S.C. Sec. 1396 et. seq.) of the federal Social Security Act.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Commencing January 1, 2017, the department shall establish rates pursuant to subdivisions (a) and (b). The rate structure shall include an interim rate, a provisional rate for
new foster family agency programs, and a probationary rate. The department may issue a one-time reimbursement for accreditation fees incurred after August 1, 2016, in an amount and manner determined by the department in written directives.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Unless the Tiered Rate Structure established in subdivision (h) of Section 11461 applies to a child or nonminor dependent, initial interim rates developed pursuant to this section shall be effective January 1, 2017, to December 31, 2028, inclusive, or 24 months from the date required under paragraph (9) of subdivision (h) of Section 11461, whichever is later.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The initial interim rates developed pursuant to this paragraph shall not be lower than the rates proposed as part of the Governor’s 2016 May Revision.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The initial interim rates set forth
in written directives or regulations pursuant to paragraph (4) shall become inoperative on January 1, 2029, or 24 months from the date required under paragraph (9) of subdivision (h) of Section 11461, whichever is later.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Consistent with Section 11466.01, for provisional and probationary rates, all of the following shall be established:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Terms and conditions, including the duration of the rate.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An administrative review process for the rate determinations, including denials, reductions, and terminations.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An administrative review process that includes a departmental review, corrective action, and an appeal with the department. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code), this process shall be disseminated by written directive pending the promulgation of regulations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The foster family agency rate shall include a basic rate pursuant to paragraph (4) of subdivision (g) of Section 11461. A child or youth placed with a kinship family or resource family of a foster family agency is eligible for the basic rate, which shall be passed on to the kinship family or resource family along with annual
increases in accordance with paragraph (2) of subdivision (g) of Section 11461.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The basic rate paid to a kinship family or a resource family of a foster family agency shall be paid by the agency to the home from the rate that is paid to the agency pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In addition to the basic rate described in this paragraph, the department shall develop foster family agency rates that consider specialized programs to serve children with specific needs, including, but not limited to, all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Intensive treatment and behavioral needs, including those currently being
served under intensive treatment foster care.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Specialized health care needs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the foster family agency rates, and the manner in which they are determined, shall be set forth in written directives until regulations are adopted.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department shall develop a system of governmental monitoring and oversight that shall be carried out in coordination with the State Department of Health Care Services. Oversight responsibilities shall include, but not be limited to, ensuring conformity with federal and state law, including program, fiscal, and health and safety reviews. The state agencies shall attempt to minimize duplicative audits
and reviews to reduce the administrative burden on providers.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall consider the impact on children and youth being transitioned to alternate programs as a result of the new ratesetting system.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Commencing July 1, 2019, the rates paid to foster family agencies shall, except for the rate paid to a kinship family or resource family agency pursuant to subparagraph (A) of paragraph (3) of subdivision (c), be 4.15 percent higher than the rates paid to foster family agencies in the 2018–19 fiscal year.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The amount included for the component for social workers in the interim rates for
foster family agencies developed and implemented by the department pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be increased over the rates paid to foster family agencies in the 2019–20 fiscal year by fifty dollars ($50) per child, per month, effective July 1, 2021.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding the rate established pursuant to subdivisions (a) to (g), inclusive, the care and supervision rate paid on behalf of a child or nonminor dependent in a foster family agency placement on or after the date required by paragraph (9) of subdivision (h) of Section 11461 shall be based on the Tiered Rate Structure established in subdivision (h) of Section 11461.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provided all federal and state rate and licensing requirements are met, the per child per month care and supervision rate, as set forth in paragraph (3) of subdivision (h) of Section 11461,
for a child or nonminor dependent placed with a foster family agency shall include a rate, according to the child or nonminor dependent’s tier as determined by the child or nonminor dependent’s periodic IP-CANS assessment, for administrative and other activities described in paragraphs (1) and (2) of subdivision (b) of Section 11460, according to the following tiered schedule:
</html:p>
<html:p>Tier 1: $1610</html:p>
<html:p>Tier 2: $2634</html:p>
<html:p>Tier 3: $2634 [Ages 0-5]</html:p>
<html:p>Tier 3+: $7213 [Ages 6+]</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The rate set forth in paragraph (2) beginning July 1, 2028, and each fiscal year thereafter, shall be annually adjusted on July 1 by the annual percentage change in the California Necessities Index applicable to the calendar year within which each July 1 occurs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement, interpret, or make specific this subdivision by means of all-county letters or similar written instructions, which shall be exempt from submission to or review by the Office of Administrative Law. These all-county letters or similar instructions shall have the same force and effect as regulations until the adoption of regulations no later than January 1, 2030.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_77C32090-7715-40E0-9BC3-8DBDE900B7FF">
<ns0:Num>SEC. 100.</ns0:Num>
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Section 16003.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E45EB69E-26C7-4C92-B8C6-A8AA7230FAEA">
<ns0:Num>16003.5.</ns0:Num>
<ns0:LawSectionVersion id="id_28C3EDB6-5FE5-47AB-B90B-5AE6A11C66C9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any state funding allocated to counties for the purpose of recruiting, retaining, and supporting foster parents, relative caregivers, kinship families, and resource families shall be used to increase the capacity and use of home-based family care and the provision of services and supports to such caregivers. Allowable expenditures of those funds shall include, but not be limited to, and shall be used to supplement and not supplant, resources used by a county for any of the following purposes:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Staffing to provide and improve direct services and supports to licensed foster family homes,
approved kinship families, approved resource families, and relative caregivers, and to remove any barriers in those areas defined as priorities in the county implementation plan and subsequent reports on outcomes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Exceptional child needs not covered by the caregiver-specific rate that would normalize the child’s experience, stabilize the placement, or enhance the child’s well-being.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Child care for licensed foster parents, approved kinship families, approved resource families, and relative caregivers.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Intensive relative finding, engagement, and navigation
efforts.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Emerging technological, evidence-informed, or other nontraditional approaches to outreach to potential foster family homes,
kinship families, resource families, and relatives.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall provide available funding to counties based upon its approval of plans submitted by each county that requests funding described in subdivision (a). Each county plan shall be submitted by September 1 of any year in which funding is available. Each county plan shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A definition of the specific goal or goals related to increasing the capacity and use of home-based family care and the provision of services and supports to such caregivers that the county intends to achieve.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A description of the strategy or strategies the county proposes to pursue to address the goal or goals identified in subparagraph (A).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An explanation or rationale for the proposed strategy or strategies relative to the goal or goals identified in subparagraph (A).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A list or description of the outcomes that shall be reported pursuant to subdivision (c), including baseline data for those outcomes.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall develop, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California, criteria for the approval of county plans submitted pursuant to paragraph (1).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
As a condition of accepting state funding described in subdivision (a), counties receiving that funding shall, by September 30 of the year following the end of the fiscal year in which the funding was available, report to the department the
outcomes achieved through the use of that funding and the activities that contributed to those outcomes. This report from each receiving county shall be made in a manner prescribed by the department, following consultation with the County Welfare Directors Association of California and the Chief Probation Officers of California. Using these reports, the department shall share best practices among counties and shall periodically update the Legislature.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Funding for the purposes of this section shall be subject to an appropriation by the Legislature.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_7D544586-1DE6-4107-8225-33BA0143805F">
<ns0:Num>SEC. 101.</ns0:Num>
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Section 16119 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_8C64DEDC-5765-497A-B2BA-6C277C5726B3">
<ns0:Num>16119.</ns0:Num>
<ns0:LawSectionVersion id="id_63F509D8-14A3-48C1-812E-6E1FA47B4720">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
At the time application for adoption of a child who is potentially eligible for Adoption Assistance Program benefits is made, and at the time immediately prior to the finalization of the adoption decree, the department, county adoption agency, or the licensed adoption agency, whichever is appropriate, shall provide the prospective adoptive family with information, in writing, on the availability of Adoption Assistance Program benefits, with an explanation of the difference between these benefits and foster care payments. The department, county adoption agency, or the licensed adoption agency shall also provide the prospective adoptive family with information, in writing, on the availability of reimbursement for the nonrecurring expenses incurred in the adoption of the Adoption Assistance Program eligible child. The
department, county adoption agency, or licensed adoption agency shall also provide the prospective adoptive family with information on the availability of mental health services through the Medi-Cal program or other programs, including information, in writing, regarding the importance of working with mental health providers that have specialized adoption or permanency clinical training and experience if the family needs clinical support, and a description of the desirable clinical expertise the family should look for when choosing an adoption- or permanency-competent mental health professional. The department, county adoption agency, or licensed adoption agency shall also provide information regarding the federal adoption tax credit for any individual who is adopting or considering adopting a child in foster care, in accordance with Section 403 of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department, county adoption agency, or licensed adoption agency shall encourage families that elect not to sign an adoption assistance agreement to sign a deferred adoption assistance agreement.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The department or the county, whichever is responsible for determining the child’s eligibility for the Adoption Assistance Program, shall assess the needs of the child and the circumstances of the family.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The amount of an adoption assistance cash benefit, if any, shall be a negotiated amount based upon the needs of the child and the circumstances of the family. There shall be no means test used to determine an adoptive family’s eligibility for the Adoption Assistance Program, or the amount of adoption assistance payments. In those instances where an otherwise eligible child does not require a cash benefit, Medi-Cal eligibility may be
established for the child, as needed.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of paragraph (1), “circumstances of the family” includes the family’s ability to incorporate the child into the household in relation to the lifestyle, standard of living, and future plans and to the overall capacity to meet the immediate and future plans and needs, including education, of the child.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department, county adoption agency, or licensed adoption agency shall inform the prospective adoptive family regarding the county responsible for providing financial aid to the adoptive family in an amount determined pursuant to Sections 16120 and 16120.1.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The department, county adoption agency, or licensed adoption agency shall inform the prospective adoptive family that the adoptive parents will continue to receive benefits in the agreed upon amount
unless one of the following occurs:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The department or county adoption agency determines that the adoptive parents are no longer legally responsible for the support of the child.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department or county adoption agency determines that the child is no longer receiving support from the adoptive family.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The adoption assistance payment exceeds the amount that the child would have been eligible for in a licensed foster home, a kinship family, or a resource family at the basic rate, inclusive of any level of care rate determination.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The adoptive parents demonstrate a need for an increased payment.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The adoptive parents voluntarily reduce or terminate payments.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The adopted child has an extraordinary need that was not anticipated at the time the amount of the adoption assistance was originally negotiated.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The department, county adoption agency, or licensed adoption agency shall inform the prospective adoptive family of their potential eligibility for a federal tax credit under Section 23 of the Internal Revenue Code of 1986 (26 U.S.C. Sec. 23) and a state tax credit under Section 17052.25 of the Revenue and Taxation Code.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9B91C19C-6136-44B3-B88A-2A16295D32D2">
<ns0:Num>SEC. 102.</ns0:Num>
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Section 16161 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_E7108F87-41F8-4E41-8A98-C8DBCDD16AAF">
<ns0:Num>16161.</ns0:Num>
<ns0:LawSectionVersion id="id_C759CDD5-5A4E-476F-A602-973A84EB4F0F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Office of the State Foster Care Ombudsperson shall be established as an autonomous entity within the department for the purpose of providing children who are placed in foster care, either voluntarily or pursuant to Section 300 and Sections 600 and following, with a means to resolve issues related to their care, placement, or services. The work of the office falls within the provisions of subparagraphs (I) and (J) of paragraph (1) of subdivision (a) of Section 827, and the office shall meet all of the provisions and requirements of that section with regard to access, confidentiality, and the use of information.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this chapter, “foster care” includes all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Voluntary placement in a licensed or approved children’s residential facility or with an
approved kinship family or approved resource family.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Placement in a licensed or approved children’s residential facility, with an approved kinship family or approved resource family, or with a family pending approval as a kinship family or resource family, or placement pursuant to a juvenile court order, pursuant to Article 6 (commencing with Section 300) and Article 14 (commencing with Section 601) of Chapter 2 of Part 1 of Division 2.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Placement by a governmental entity in a residential facility or home subject to licensure, certification, or approval by the State Department of Social Services pursuant to the California
Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).
</html:p>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A3F45ABE-3139-432D-917D-09E2D8DF8C5F">
<ns0:Num>SEC. 103.</ns0:Num>
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Section 16501.01 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4F7D84E5-B5CE-43C2-995E-BD25390CC22F">
<ns0:Num>16501.01.</ns0:Num>
<ns0:LawSectionVersion id="id_B81BED3D-6227-4C12-827D-C3FB01F292C7">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A county may arrange for respite care for a child or nonminor dependent supervised by the county, which may be provided by any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
An approved kinship family, as defined in Section 16519.4.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An approved resource family, as defined in Section 16519.5 of this code and Section 1517 of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
At the option of a county, a respite care provider
certified by the county pursuant to subdivision (b).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A county electing to certify respite care providers shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
For a kinship family, ensure an inspection of the home and grounds of the prospective respite care provider, consistent with standards developed under the kinship family approval program, to determine that the home and grounds are free of conditions that may pose an undue risk to the health and safety of a child or nonminor dependent.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For a resource family, ensure an inspection of the home and grounds of the prospective respite care provider, consistent with standards developed under the resource family approval program, to determine that the home and grounds are free of conditions that may pose an undue risk to the health and safety of a child or nonminor dependent.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Secure and evaluate the criminal record of the prospective respite care provider and all adults residing in the home pursuant to Section 1522 of the Health and
Safety Code. The prospective respite care provider and all adults residing in the home shall obtain a criminal record clearance or exemption prior to certification. A nonminor dependent shall not be subject to criminal background clearances pursuant to Sections 1522 and 1522.1 of the Health and Safety Code for the purpose of certifying a prospective respite care provider.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Check if the prospective respite care provider is listed in the Child Abuse Central Index and investigate any substantiated reports pursuant to Section 1522.1 of the Health and Safety Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Determine whether the prospective respite care provider is willing and able to provide respite care to a child or nonminor dependent, taking into consideration the age, maturity, behavioral tendencies, mental and physical health, medications, abilities and limitations, and developmental level of, and court orders for, a child or nonminor dependent.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Require the prospective respite care provider to complete the training specified in paragraph (13) of subdivision (g) of Section 16519.5.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding the requirements of subdivision (b), when the need for respite care is unanticipated and the proposed respite care provider is a relative of the child, as defined in Section 319, or nonrelative extended family member, as defined in Section 362.7, and the proposed respite care provider has an established relationship with the child, nonminor dependent, or caregiver and it is in the best interest of the child or nonminor dependent, the county electing to certify respite care providers shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Cause a state-level criminal records check to be conducted by an appropriate government agency through the California Law Enforcement Telecommunications System pursuant to Section 16504.5 and assess the results consistent with Section 361.4.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Check if the relative or nonrelative
extended family member is listed in the Child Abuse Central Index and investigate any substantiated reports pursuant to Section 1522.1 of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Determine whether the proposed respite care provider is willing and able to provide respite care to a child or nonminor dependent, taking into consideration the age, maturity, behavioral tendencies, mental and physical health, medications, abilities and limitations, and developmental level of, and court orders for, a child or nonminor dependent.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Permit a proposed respite care provider who has not completed the required training to provide respite care to a child or nonminor dependent.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Nothing in this section shall prohibit a county from requiring that a respite care provider meet additional standards in order to be certified as a respite care
provider by the county.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Unless otherwise prohibited by the child’s social worker, probation officer, or court order, nothing in this section shall prohibit a kinship family or resource family from arranging for a babysitter or alternative caregiver to provide, on an occasional basis, care and supervision to a child placed in the home.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A home certified as a respite care provider shall not be an eligible placement for a child who is the subject of a voluntary placement agreement, has been adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A home certified as a respite care provider shall not be
eligible to receive AFDC-FC or Approved Relative Caregiver funding. Nothing in this paragraph shall prevent a county from using other available funds to support respite care services.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Until regulations are adopted, the department may implement this section through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_EC518916-C00B-4648-84E9-D025A863755E">
<ns0:Num>SEC. 104.</ns0:Num>
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Section 16501.02 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_77F9E8E5-0CF5-452F-B971-D75C319067EB">
<ns0:Num>16501.02.</ns0:Num>
<ns0:LawSectionVersion id="id_08E63153-20B0-4F0F-89CA-4B7D500F7595">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of this section, the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Alternative care” means care and supervision of more than 24 consecutive hours, but no more than 72 consecutive hours unless the foster child’s social worker or probation officer provides prior approval.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Alternative caregiver” means a person who is at least 18 years of age and provides alternative care for a foster child in either their home or the home of the caregiver.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Caregiver” means any licensed or certified foster parent, approved relative caregiver,
approved nonrelative extended family member, approved kinship family, or approved resource family.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Reasonable and prudent parent” or “reasonable and prudent parent standard” has the same meaning as set forth in subdivision (c) of Section 362.05.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A caregiver may arrange for occasional alternative care of their foster child and allow an alternative caregiver to provide care and supervision to the foster child, unless prohibited by the foster child’s social worker or probation officer or court order.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A caregiver shall use a reasonable and prudent parent standard in determining and selecting an appropriate alternative caregiver.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A caregiver shall endeavor to provide an alternative caregiver with all of the following information before leaving the foster child for purposes of alternative care:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Information about the foster child’s emotional, behavioral, medical, or physical conditions, if any, necessary to provide care for the foster child during the time the foster child is being supervised by the alternative caregiver.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any medication that should be administered to the foster child during the time the foster child is being supervised by the alternative caregiver.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Emergency contact information that is valid during the
time the foster child is being supervised by the alternative caregiver.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_0FF7BBF4-E094-4151-8963-036897E104D1">
<ns0:Num>SEC. 105.</ns0:Num>
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Section 16501.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7008CA62-7D8E-43B3-8F9B-BB165E25BD5A">
<ns0:Num>16501.1.</ns0:Num>
<ns0:LawSectionVersion id="id_76E1A4BC-8976-4AE8-9A48-8B0CD64150A9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds and declares that the foundation and central unifying tool in child welfare services is the case plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Legislature further finds and declares that a case plan ensures that the child receives protection and safe and proper care and case management, and that services are provided to the child and parents or other caretakers, as appropriate, in order to improve conditions in the parent’s home, to facilitate the safe return of the child to a safe home or the permanent placement of the child, and to address the needs of the child while in foster care.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The agency shall consider and document the recommendations of the child and family team, as
defined in Section 16501, if any are available. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A case plan shall be based upon the principles of this section, the Integrated Practice-Child and Adolescent Needs and Strengths (IP-CANS) assessment, and the input from the child and family team.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The case plan shall document that a preplacement assessment of the service needs of the child and family, and preplacement preventive services, have been provided, and that reasonable efforts to prevent out-of-home placement have been made. In the case of an Indian child, as defined in subdivision (b) of Section 224.1, the case plan shall also document that the county agency made active efforts, as described in subdivision (f) of Section 224.1, to provide remedial services and
rehabilitative programs designed to prevent the breakup of the Indian family. Preplacement services may include intensive mental health services in the home or a community setting and the reasonable efforts made to prevent out-of-home placement.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
In determining the reasonable services to be offered or provided, the child’s health and safety shall be the paramount concerns.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Upon a determination pursuant to paragraph (1) of subdivision (e) of Section 361.5 that reasonable services will be offered to a parent who is incarcerated in a county jail or state prison, detained by the United States Department of Homeland Security, or deported to their country of origin, the case plan shall include information, to the extent possible, about a parent’s incarceration in a county jail or the state prison, detention by the United States Department of Homeland Security, or deportation
during the time that a minor child of that parent is involved in dependency care.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Reasonable services shall be offered or provided to make it possible for a child to return to a safe home environment, unless, pursuant to subdivisions (b) and (e) of Section 361.5, the court determines that reunification services shall not be provided. In the case of an Indian child, as defined in subdivision (b) of Section 224.1, the agency shall make active efforts, as described in subdivision (f) of Section 224.1, to reunite an Indian child with their family.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If reasonable services are not ordered, or are terminated, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanent plan and to complete all steps necessary to finalize the permanent placement of the child.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If
out-of-home placement is used to attain case plan goals, the case plan shall consider the recommendations of the child and family team.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The case plan shall include a description of the type of home or institution in which the child is to be placed, and the reasons for that placement decision. The decision regarding choice of placement shall be based upon selection of a safe setting that is the least restrictive family setting that promotes normal childhood experiences and the most appropriate setting that meets the child’s individual needs and is available, in proximity to the parent’s home, in proximity to the child’s school, and consistent with the selection of the environment best suited to meet the child’s special needs and best interests. The selection shall consider, in order of priority, placement with relatives, nonrelative extended family members,
kinship families, and tribal members; foster family homes and resource families;
followed by intensive services for foster care homes; or multidimensional treatment foster care homes or therapeutic foster care homes; group care placements in the order of short-term residential therapeutic programs, group homes, community treatment facilities, and out-of-state residential treatment pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
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(2)
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If a short-term residential therapeutic program placement is selected for a child or nonminor dependent, the case plan shall indicate the needs, including the needs as identified by the qualified individual pursuant to subdivision (g) of Section 4096, of the child or nonminor dependent that necessitate this placement, the plan for transitioning the child or nonminor dependent to a less restrictive environment, and the projected timeline by which the child or nonminor dependent will be transitioned to a less restrictive environment, and the plan
for aftercare services for at least six months postdischarge to a family-based setting, as required by Section 4096.6. The six months postdischarge requirement is inapplicable to the Medi-Cal component of the aftercare services, which shall be provided for the length of time the child needs specialty mental health services based on medical necessity criteria and other state and federal requirements. This section of the case plan shall be reviewed and updated at least semiannually.
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(A)
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The case plan for placements in a group home, or commencing January 1, 2017, in a short-term residential therapeutic program, shall indicate that the county has taken into consideration Section 16010.8.
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(B)
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(i)
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After January 1, 2017, a child and family team meeting as described in Section 16501 shall be convened by the county placing agency for the purpose of identifying the
supports and services needed to achieve permanency and enable the child or youth to be placed in the least restrictive family setting that promotes normal childhood experiences.
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(ii)
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Child and family teams shall be provided written or electronic information developed by the department describing services and activities, including specialized permanency services, shown to be effective in achieving and sustaining permanency for all children, youth, and nonminor dependents.
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(C)
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On and after October 1, 2021, within 30 days of placement in a short-term residential therapeutic program, and, on and after July 1, 2022, within 30 days of placement in a community treatment facility, the case plan shall document all of the following:
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(i)
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The reasonable and good faith effort by the social worker to identify and include all
required individuals in the child and family team.
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(ii)
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All contact information for members of the child and family team, as well as contact information for other relatives and nonrelative extended family members who are not part of the child and family team.
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(iii)
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Evidence that meetings of the child and family team, including the meetings related to the determination required under Section 4096, are held at a time and place convenient for the family.
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(iv)
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If reunification is the goal, evidence that the parent from whom the child was removed provided input on the members of the child and family team.
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(v)
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Evidence that the determination required under subdivision (g) of Section 4096 was conducted in conjunction with the child and family team.
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(vi)
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The placement preferences of the child or nonminor dependent and the child and family team relative to the determination and, if the placement preferences of the child or nonminor dependent or the child and family team are not the placement setting recommended by the qualified individual conducting the determination, the reasons why the preferences of the team or the child or nonminor dependent were not recommended.
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(D)
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Following the court review pursuant to Section 361.22, the case plan shall document the court’s approval or disapproval of the placement.
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(E)
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When the child or nonminor dependent has been placed in a short-term residential therapeutic program or a community treatment facility, as applicable, for more than 12 consecutive months or 18 nonconsecutive months, or, in the case of a child who has not
attained 13 years of age, for more than 6 consecutive or nonconsecutive months, the case plan shall include both of the following:
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(i)
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Documentation of the information submitted to the court pursuant to subdivision (l) of Section 366.1, subdivision (k) of Section 366.3, or paragraph (4) of subdivision (b) of Section 366.31, as applicable.
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(ii)
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Documentation that the deputy director or director of the county child welfare department has approved the continued placement of the child or nonminor dependent in the setting.
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(F)
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On and after October 1, 2021, prior to discharge from a short-term residential therapeutic program, and, on and after July 1, 2022, prior to discharge from a community treatment facility, the case plan shall include both of the following:
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(i)
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A description of the type of in-home or institution-based services to encourage the safety, stability, and appropriateness of the next placement, including the recommendations of the child and family team, if available.
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(ii)
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A plan, developed in collaboration with the short-term residential therapeutic program or community treatment facility, as applicable, for the provision of discharge planning and family-based aftercare support pursuant to Section 4096.6.
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(3)
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On or after January 1, 2012, for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is receiving AFDC-FC benefits and who is up to 21 years of age pursuant to Section 11403, in addition to the above requirements, the selection of the placement, including a supervised independent living placement, as described in subdivision (w) of Section 11400, shall also be based upon the
developmental needs of young adults by providing opportunities to have incremental responsibilities that prepare a nonminor dependent to transition to successful adulthood. If admission to, or continuation in, a group home or short-term residential therapeutic program placement is being considered for a nonminor dependent, the group home or short-term residential therapeutic program placement approval decision shall include a youth-driven, team-based case planning process, as defined by the department, in consultation with stakeholders. The case plan shall consider the full range of placement options, and shall specify why admission to, or continuation in, a group home or short-term residential therapeutic program placement is the best alternative available at the time to meet the special needs or well-being of the nonminor dependent, and how the placement will contribute to the nonminor dependent’s transition to successful adulthood. The case plan shall specify the treatment strategies that will be used to
prepare the nonminor dependent for discharge to a less restrictive family setting that promotes normal childhood experiences, including a target date for discharge from the group home or short-term residential therapeutic program placement. The placement shall be reviewed and updated on a regular, periodic basis to ensure that continuation in the group home or short-term residential therapeutic program placement remains in the best interests of the nonminor dependent and that progress is being made in achieving case plan goals leading to successful adulthood. The group home or short-term residential therapeutic program placement planning process shall begin as soon as it becomes clear to the county welfare department or probation office that a foster child in group home or short-term residential therapeutic program placement is likely to remain in group home or short-term residential therapeutic program placement on their 18th birthday, in order to expedite the transition to a less restrictive family setting
that promotes normal childhood experiences, if the child becomes a nonminor dependent. The case planning process shall include informing the youth of all of the options, including, but not limited to, admission to or continuation in a group home or short-term residential therapeutic program placement.
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(4)
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Consideration for continuation of existing group home placement for a nonminor dependent under 19 years of age may include the need to stay in the same placement in order to complete high school. After a nonminor dependent either completes high school or attains their 19th birthday, whichever is earlier, continuation in or admission to a group home placement is prohibited unless the nonminor dependent satisfies the conditions of paragraph (5) of subdivision (b) of Section 11403, and group home placement functions as a short-term transition to the appropriate system of care. Treatment services provided by the group home placement to the
nonminor dependent to alleviate or ameliorate the medical condition, as described in paragraph (5) of subdivision (b) of Section 11403, shall not constitute the sole basis to disqualify a nonminor dependent from the group home placement.
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(5)
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In addition to the requirements of paragraphs (1) to (4), inclusive, and taking into account other statutory considerations regarding placement, the selection of the most appropriate home that will meet the child’s special needs and best interests shall also promote educational stability by taking into consideration proximity to the child’s school of origin, and school attendance area, the number of school transfers the child has previously experienced, and the child’s school matriculation schedule, in addition to other indicators of educational stability that the Legislature hereby encourages the State Department of Social Services and the State Department of Education to develop.
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(e)
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A written case plan shall be completed within a maximum of 60 days of the initial removal of the child or of the in-person response required under subdivision (f) of Section 16501 if the child has not been removed from their home, or by the date of the dispositional hearing pursuant to Section 358, whichever occurs first. The case plan shall be updated, as the service needs of the child and family dictate. At a minimum, the case plan shall be updated in conjunction with each status review hearing conducted pursuant to Sections 364, 366, 366.3, and 366.31, and the hearing conducted pursuant to Section 366.26, but no less frequently than once every six months. Each updated case plan shall include a description of the services that have been provided to the child under the plan and an evaluation of the appropriateness and effectiveness of those services.
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(1)
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It is the intent of the
Legislature that extending the maximum time available for preparing a written case plan from 30 to 60 days will afford caseworkers time to actively engage families, and to solicit and integrate into the case plan the input of the child and the child’s family, as well as the input of relatives and other interested parties.
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(2)
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The extension of the maximum time available for preparing a written case plan from 30 to 60 days shall be effective 90 days after the date that the department gives counties written notice that necessary changes have been made to the Child Welfare Services/Case Management System (CWS/CMS) to account for the 60-day timeframe for preparing a written case plan.
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(f)
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The child welfare services case plan shall be comprehensive enough to meet the juvenile court dependency proceedings requirements pursuant to Article 6 (commencing with Section 300) of Chapter 2 of
Part 1 of Division 2.
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(g)
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The case plan shall be developed considering the recommendations of the child and family team, as follows:
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(1)
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The case plan shall be based upon an assessment of the circumstances that required child welfare services intervention. The child shall be involved in developing the case plan as age and developmentally appropriate.
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(2)
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The case plan shall identify specific goals and the appropriateness of the planned services in meeting those goals. In the case of an Indian child, as defined in subdivision (b) of Section 224.1, the child’s tribe shall be included in the child and family team pursuant to subparagraph (B) of paragraph (4) of subdivision (a) of Section 16501 and shall be consulted in development of the case plan.
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(3)
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The
case plan shall identify the original allegations of abuse or neglect, as defined in Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code, or the conditions cited as the basis for declaring the child a dependent of the court pursuant to Section 300, or all of these, and the other precipitating incidents that led to child welfare services intervention.
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(4)
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The case plan shall include a description of the schedule of the placement agency contacts with the child and the family or other caretakers. The frequency of these contacts shall be in accordance with regulations adopted by the State Department of Social Services. If the child has been placed in foster care out of state, the county social worker or probation officer, or a social worker or probation officer on the staff of the agency in the state in which the child has been placed, shall visit the child in a foster family home or the home of a
relative, consistent with federal law and in accordance with the department’s approved state plan. If a child is placed in an out-of-state residential facility, as defined in paragraph (2) of subdivision (b) of Section 7910 of the Family Code, pursuant to Section 361.21 or 727.1, visits shall be conducted at least monthly, pursuant to Section 16516.5. At least once every six months, at the time of a regularly scheduled placement agency contact with the foster child, and at each placement change, the child’s social worker or probation officer shall inform the child, the care provider, and the child and family team, if applicable, of the child’s rights as a foster child, as specified in Section 16001.9, and shall provide a written copy of the rights to the child as part of the explanation. The social worker or probation officer shall provide the information to the child in a manner appropriate to the age or developmental level of the child. The social worker or probation officer shall document in the case plan
that they have informed the child of, and have provided the child with a written copy of, the child’s rights.
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(5)
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(A)
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When out-of-home services are used, the frequency of contact between the natural parents or legal guardians and the child shall be specified in the case plan. The frequency of those contacts shall reflect overall case goals, and consider other principles outlined in this section.
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(B)
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Information regarding any court-ordered visitation between the child and the natural parents or legal guardians, and the terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the child’s out-of-home caregiver as soon as possible after the court order is made.
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(6)
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When out-of-home placement is made, the case plan shall include provisions
for the development and maintenance of sibling relationships as specified in subdivisions (b), (c), and (d) of Section 16002. If appropriate, when siblings who are dependents of the juvenile court are not placed together, the social worker for each child, if different, shall communicate with each of the other social workers and ensure that the child’s siblings are informed of significant life events that occur within their extended family. Unless it has been determined that it is inappropriate in a particular case to keep siblings informed of significant life events that occur within the extended family, the social worker shall determine the appropriate means and setting for disclosure of this information to the child commensurate with the child’s age and emotional well-being. These significant life events shall include, but shall not be limited to, the following:
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(A)
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The death of an immediate relative.
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(B)
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The birth of a sibling.
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(C)
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Significant changes regarding a dependent child, unless the child objects to the sharing of the information with their siblings, including changes in placement, major medical or mental health diagnoses, treatments, or hospitalizations, arrests, and changes in the permanent plan.
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(7)
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If out-of-home placement is made in a foster family home, kinship family home, resource family home, group home, or other childcare institution that is either a substantial distance from the home of the child’s parent or out of state, the case plan shall specify the reasons why that placement is in the best interest of the child. When an out-of-state residential facility placement is recommended or made,
the case plan shall, in addition, specify compliance with Section 16010.9 of this code and Section 7911.1 of the Family Code.
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(8)
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A case plan shall ensure the educational stability of the child while in foster care and shall include both of the following:
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(A)
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An assurance that the placement takes into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement.
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(B)
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An assurance that the placement agency has coordinated with the person holding the right to make educational decisions for the child and appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement or, if remaining in that school is not in the best interests of the child, assurances by
the placement agency and the local educational agency to provide immediate and appropriate enrollment in a new school and to provide all of the child’s educational records to the new school.
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(9)
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(A)
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If out-of-home services are used, or if parental rights have been terminated and the case plan is placement for adoption, the case plan shall include a recommendation regarding the appropriateness of unsupervised visitation between the child and any of the child’s siblings. This recommendation shall include a statement regarding the child’s and the siblings’ willingness to participate in unsupervised visitation. If the case plan includes a recommendation for unsupervised sibling visitation, the plan shall also note that information necessary to accomplish this visitation has been provided to the child or to the child’s siblings.
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(B)
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Information regarding the
schedule and frequency of the visits between the child and siblings, as well as any court-ordered terms and conditions needed to facilitate the visits while protecting the safety of the child, shall be provided to the child’s out-of-home caregiver as soon as possible after the court order is made.
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(10)
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If out-of-home services are used and the goal is reunification, the case plan shall describe the services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. The plan shall also consider in-state and out-of-state placements, the importance of developing and maintaining sibling relationships pursuant to Section 16002, and the desire and willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful.
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(11)
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If out-of-home services are used, the child has
been in care for at least 12 months, and the goal is not adoptive placement, the case plan shall include documentation of the compelling reason or reasons why termination of parental rights is not in the child’s best interest. A determination completed or updated within the past 12 months by the department when it is acting as an adoption agency or by a licensed adoption agency that it is unlikely that the child will be adopted, or that one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, shall be deemed a compelling reason.
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(12)
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(A)
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Parents and legal guardians shall have an opportunity to review the case plan, and to sign it whenever possible, and then shall receive a copy of the plan. In a voluntary service or placement agreement, the parents or legal guardians shall be required to review and sign the case plan. Whenever possible, parents and legal guardians shall participate in
the development of the case plan. Commencing January 1, 2012, for nonminor dependents, as defined in subdivision (v) of Section 11400, who are receiving AFDC-FC or CalWORKs assistance and who are up to 21 years of age pursuant to Section 11403, the transitional independent living case plan, as set forth in subdivision (y) of Section 11400, shall be developed with, and signed by, the nonminor.
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(B)
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Parents and legal guardians shall be advised that, pursuant to Section 1228.1 of the Evidence Code, neither their signature on the child welfare services case plan nor their acceptance of any services prescribed in the child welfare services case plan shall constitute an admission of guilt or be used as evidence against the parent or legal guardian in a court of law. However, they shall also be advised that the parent’s or guardian’s failure to cooperate, except for good cause, in the provision of services specified in the child welfare services case
plan may be used in any hearing held pursuant to Section 366.21, 366.22, or 366.25 of this code as evidence.
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(13)
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(A)
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A child shall be given a meaningful opportunity to participate in the development of the case plan and state their preference for foster care placement. A child who is 12 years of age or older and in a permanent placement shall also be given the opportunity to review the case plan, sign the case plan, and receive a copy of the case plan.
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(B)
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For a child who receives a copy of the case plan pursuant to subparagraph (A) and who speaks a primary language other than English, the case plan shall be translated and provided to the child in their primary language.
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(14)
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The case plan shall be included in the court report, and shall be considered by the court at the initial hearing and
each review hearing. Modifications to the case plan made during the period between review hearings need not be approved by the court if the casework supervisor for that case determines that the modifications further the goals of the plan. If out-of-home services are used with the goal of family reunification, the case plan shall consider and describe the application of subdivision (b) of Section 11203.
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(15)
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(A)
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If the case plan has as its goal for the child a permanent plan of adoption, legal guardianship, or another planned permanent living arrangement, it shall include a statement of the child’s wishes regarding their permanent placement plan and an assessment of those stated wishes. The agency shall also include documentation of the steps the agency is taking to find an adoptive family or other permanent living arrangements for the child; to place the child with an adoptive family, an appropriate and willing relative,
or a legal guardian, and to finalize the adoption or legal guardianship. At a minimum, the documentation shall include child-specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, when the child has been freed for adoption. Regardless of whether the child has been freed for adoption, documentation shall include a description of any barriers to achieving legal permanence and the steps the agency will take to address those barriers. If a child has been in care for three years or more, the documentation shall include a description of the specialized permanency services used or, if specialized permanency services have not been used, a statement explaining why the agency chose not to provide these services. If the plan is for kinship guardianship, the case plan shall document how the child meets the kinship guardianship eligibility requirements.
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(B)
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Specific elements
of specialized permanency services may be included in the case plan as needed to meet the permanency needs of the individual child or nonminor dependent.
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(C)
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When the child is 16 years of age or older and is in another planned permanent living arrangement, the case plan shall identify the intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, place the child for tribal customary adoption in the case of an Indian child, establish a legal guardianship, or place the child nonminor dependent with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the child.
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(16)
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(A)
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(i)
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For a child who is 14 or 15 years of age, the case plan shall include a written description of the programs and services that
will help the child, consistent with the child’s best interests, to prepare for the transition from foster care to successful adulthood. The description may be included in the document described in subparagraph (A) of paragraph (18).
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(ii)
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When appropriate, for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent, the case plan shall include the transitional independent living plan (TILP), a written description of the programs and services that will help the child, consistent with the child’s best interests, to prepare for the transition from foster care to successful adulthood, and, in addition, whether the youth has an in-progress application pending for Title XVI Supplemental Security Income benefits or for special immigrant juvenile status or other applicable application for legal residency and an active dependency case is required for that application. For a child who speaks a primary language
other than English, the TILP shall be translated into their primary language. When appropriate, for a nonminor dependent, the transitional independent living case plan, as described in subdivision (y) of Section 11400, shall include the TILP, a written description of the programs and services that will help the nonminor dependent, consistent with their best interests, to prepare for transition from foster care and assist the youth in meeting the eligibility criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. If applicable, the case plan shall describe the individualized supervision provided in the supervised independent living placement as defined in subdivision (w) of Section 11400. The case plan shall be developed with the child or nonminor dependent and individuals identified as important to the child or nonminor dependent, and shall include steps the agency is taking to ensure that the child or nonminor dependent achieves permanence, including maintaining or
obtaining permanent connections to caring and committed adults.
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(B)
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During the 90-day period prior to the participant attaining 18 years of age or older as the state may elect under Section 475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec. 675(8)(B)(iii)), whether during that period foster care maintenance payments are being made on the child’s behalf or the child is receiving benefits or services under Section 477 of the federal Social Security Act (42 U.S.C. Sec. 677), a caseworker or other appropriate agency staff or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition plan, that is personalized at the direction of the child, information as detailed as the participant elects that shall include, but not be limited to, options regarding housing, health insurance, education, local
opportunities for mentors and continuing support services, and workforce supports and employment services, a power of attorney for health care, and information regarding the advance health care directive form. Information provided regarding health insurance options shall include verification that the eligible youth or nonminor dependent is enrolled in Medi-Cal and a description of the steps that have been or will be taken by the youth’s social worker or probation officer to ensure that the eligible youth or nonminor dependent is transitioned into the Medi-Cal program for former foster youth upon case closure with no interruption in coverage and with no new application being required, as provided in Section 14005.28.
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(C)
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For youth 14 years of age or older, the case plan shall include documentation that a consumer credit report was requested annually from each of the three major credit reporting agencies at no charge to the youth and that any
results were provided to the youth. For nonminor dependents, the case plan shall include documentation that the county assisted the nonminor dependent in obtaining their reports. The case plan shall include documentation of barriers, if any, to obtaining the credit reports. If the consumer credit report reveals any accounts, the case plan shall detail how the county ensured the youth received assistance with interpreting the credit report and resolving any inaccuracies, including any referrals made for the assistance.
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(17)
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For youth 14 years of age or older and nonminor dependents, the case plan shall be developed in consultation with the youth. At the youth’s option, the consultation may include up to two members of the case planning team who are chosen by the youth and who are not foster parents of, or caseworkers for, the youth. The agency, at any time, may reject an individual selected by the youth to be a member of the case planning team
if the agency has good cause to believe that the individual would not act in the youth’s best interest. One individual selected by the youth to be a member of the case planning team may be designated to be the youth’s adviser and advocate with respect to the application of the reasonable and prudent parent standard to the youth, as necessary.
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(18)
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For youth in foster care 14 years of age or older and nonminor dependents, the case plan shall include both of the following:
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(A)
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A document that describes the youth’s rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of their credit reports at no cost while in foster care pursuant to Section 10618.6, and the right to stay safe and avoid exploitation.
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(B)
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A signed acknowledgment by the youth that
they have been provided a copy of the document and that the rights described in the document have been explained to the youth in an age-appropriate manner.
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(19)
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The case plan for a child or nonminor dependent who is, or who is at risk of becoming, the victim of commercial sexual exploitation, shall document the services provided to address that issue.
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(20)
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For a youth in foster care 10 years of age or older who is in junior high, middle, or high school, or a nonminor dependent enrolled in high school, the case plan shall be reviewed annually, and updated as needed, to indicate that the case management worker has verified that the youth or nonminor dependent received comprehensive sexual health education that meets the requirements established in Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code, through the school system. The
case plan shall document either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For a youth in junior high or middle school, either that the youth has already received this instruction during junior high or middle school, or how the county will ensure that the youth receives the instruction at least once before completing junior high or middle school if the youth remains under the jurisdiction of the dependency court during this timeframe.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a youth or nonminor dependent in high school, either that the youth or nonminor dependent already received this instruction during high school, or how the county will ensure that the youth or nonminor dependent receives the instruction at least once before completing high school if the youth or nonminor dependent remains under the jurisdiction of the dependency court during this timeframe.
</html:p>
<html:p>
(21)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a youth in foster care 10 years of age or older or a nonminor dependent, the case plan shall be updated annually to indicate that the case management worker has done all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Informed the youth or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Informed the youth or nonminor dependent, in an age- and developmentally appropriate manner, of their right to consent to sexual and reproductive health care services and their confidentiality rights regarding those services.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Informed the youth or
nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall not be construed to affect any applicable confidentiality law.
</html:p>
<html:p>
(22)
<html:span class="EnSpace"/>
For a child who is 16 years of age or older and for a nonminor dependent, the case plan shall identify the person or persons, who may include the child’s high school counselor, Court-Appointed Special Advocate, guardian, or other adult, who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, unless the child or nonminor dependent states that they do not want to pursue postsecondary education, including career or technical education. If, at any point in the future, the child or nonminor dependent expresses that they wish
to pursue postsecondary education, the case plan shall be updated to identify an adult individual responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid.
</html:p>
<html:p>
(23)
<html:span class="EnSpace"/>
On and after the date required by paragraph (9) of subdivision (h) of Section 11461, the case plan shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The child’s or nonminor dependent’s tier, as determined by the IP-CANS assessment for purposes of the Tiered Rate Structure pursuant to subdivision (h) of Section 11461.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If applicable, the plan to meet the child or nonminor dependent’s immediate needs, as defined in paragraph (2) of subdivision (c) of Section 16562, using funding made available for that purpose.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The strengths
building activities that the child or nonminor dependent is engaged in, or desires to be engaged in, as defined in Section 16565, for a child or nonminor dependent eligible for the Strengths Building Child and Family Determination Program established in Section 16565 and the spending plan report, as provided by the spending plan manager.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If the court finds, after considering the case plan, that unsupervised sibling visitation is appropriate and has been consented to, the court shall order that the child or the child’s siblings, the child’s current caregiver, and the child’s prospective adoptive parents, if applicable, be provided with information necessary to accomplish this visitation. This section does not require or prohibit the social worker’s facilitation, transportation, or supervision of visits between the child and their siblings.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The case plan documentation on
sibling placements required under this section shall not require modification of existing case plan forms until the Child Welfare Services/Case Management System (CWS/CMS) is implemented on a statewide basis.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
When a child is 10 years of age or older and has been in out-of-home placement for six months or longer, the case plan shall include an identification of individuals, other than the child’s siblings, who are important to the child and actions necessary to maintain the child’s relationships with those individuals, provided that those relationships are in the best interest of the child. The social worker or probation officer shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the child’s siblings who are important to the child, and may ask any other child to provide that information, or may seek that information from the child and
family team, as appropriate. The social worker or probation officer shall make efforts to identify other individuals who are important to the child, consistent with the child’s best interests.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The child’s caregiver shall be provided a copy of a plan outlining the child’s needs and services. The nonminor dependent’s caregiver shall be provided with a copy of the nonminor’s TILP.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
Each county shall ensure that the total number of visits made by caseworkers on a monthly basis to children in foster care during a federal fiscal year is not less than 95 percent of the total number of those visits that would occur if each child were visited once every month while in care and that the majority of the visits occur in the residence of the child. The county child welfare and probation departments shall comply with data reporting requirements that the department deems necessary
to comply with the federal Child and Family Services Improvement Act of 2006 (Public Law 109-288) and the federal Child and Family Services Improvement and Innovation Act (Public Law 112-34).
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
The implementation and operation of the amendments to subdivision (i) enacted at the 2005–06 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_EE152280-9BD5-4EC5-A3BC-B55A7166BFD4">
<ns0:Num>SEC. 106.</ns0:Num>
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Section 16507.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_FB4B2294-F39D-4A28-8913-D1ACCC271C44">
<ns0:Num>16507.5.</ns0:Num>
<ns0:LawSectionVersion id="id_0FA5FB37-1938-4270-AFB0-5219373F2BC9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When a minor is separated, or is in the process of being separated, from the minor’s family under the provisions of a voluntary placement agreement, the county welfare department or a licensed private or public adoption agency social worker shall make any and all reasonable and necessary provisions for the care, supervision, custody, conduct, maintenance, and support of the minor, including medical treatment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Responsibility for placement and care of the minor shall be with the social worker who may place the minor in any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The home of a relative or the home of a nonrelative extended family member, as described in Section 362.7, that has been
assessed pursuant to Section 361.4 or, in the case of an Indian child, an extended family member as described by paragraph (1) of subdivision (c) of Section 224.1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The home of a kinship family, as defined in Section 16519.4.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The home of a resource family, as defined in Section 16519.5.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A suitable licensed community care facility.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
With a foster family agency to be placed in a suitable licensed home or other family home that has been
approved by the agency as meeting licensing standards.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
In the case of an Indian child, a tribally approved home as described by subdivision (r) of Section 224.1 and Section 10553.12 or a home or facility in accordance with the placement preferences described in Section 361.31.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The granting of a community care license or approval status does not entitle the caregiver to the placement of a specific child or children. Placement is based on the child’s needs and best interests.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_851F690A-FD03-404C-8036-E5F01CF8F034">
<ns0:Num>SEC. 107.</ns0:Num>
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Section 16514 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_85BB8217-A7E5-4269-B872-FDB8A045802A">
<ns0:Num>16514.</ns0:Num>
<ns0:LawSectionVersion id="id_BD4E8375-9AF6-48C4-9CA2-AE74D4C91D37">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A child or nonminor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325, may be housed in an emergency shelter or, pursuant to the procedures for placement set forth in this code, placed in a foster family home, a kinship family home, a resource family home, or with a foster family agency for subsequent placement with a kinship family or resource family home, with
minors adjudged wards of the juvenile court pursuant to Section 601.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A child who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or adjudged a ward of the juvenile court pursuant to Section 601, shall not be housed in an emergency shelter with any minor adjudged a ward of the juvenile court pursuant to Section 602.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A child or nonminor who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as to whom a petition has been filed under Section 325, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall not be placed or detained in a short-term residential therapeutic program, group home, licensed foster family home, kinship family,
resource family, or
kinship family or resource family of a foster family agency, with any minor adjudged a ward of the juvenile court pursuant to Section 601 or 602, unless the social worker or probation officer with placement authority has determined that both of the following are true:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The placement setting has a program that meets the specific needs of the child or nonminor dependent being placed or detained, or, in the case of placement when no program is required by law, the home meets the specific needs of the child or nonminor.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
There is a commonality of needs with the other children and nonminor dependents in the placement setting.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding Section 206, a child who has been voluntarily placed, adjudged a dependent child of the juvenile court pursuant to Section 300, or as
to whom a petition has been filed under Section 325, or a nonminor dependent, as described in subdivision (v) of Section 11400, may be placed with a child or nonminor who is a current dependent of the juvenile court and for whom a petition has been subsequently filed alleging the child or nonminor is a ward of the juvenile court pursuant to Section 601 or 602. That placement may be made only when the social worker or probation officer with placement authority has determined that both of the following are true:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The placement setting meets the specific needs of the child or nonminor dependent being placed or detained.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
There is a commonality of needs with the other children and
nonminor dependents in the placement setting.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Nothing in this section shall transfer or eliminate the responsibility of the placing agency for the care, custody, or control of the child. Nothing in this section shall relieve a foster family agency of its responsibilities for or on behalf of a child placed with it.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, the placing of children or nonminor dependents by foster family agencies shall be referred to as “subsequent placement” to distinguish the activity from the placing by public agencies.
</html:p>
</ns0:Content>
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</ns0:BillSection>
<ns0:BillSection id="id_67718354-4416-42F2-A81C-2711760A5B5B">
<ns0:Num>SEC. 108.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'16519.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 16519 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_06A9E06D-3BFB-43BF-AC63-B2C8532E9E42">
<ns0:Num>16519.</ns0:Num>
<ns0:LawSectionVersion id="id_4E004F3D-A463-4CE5-AE98-6E002A98B2BE">
<ns0:Content>
<html:p>The Legislature finds and declares the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Safety, permanency, and well-being are crucial for the more than 82,000 California children in foster care, and are paramount to achieving both federal and state child welfare system improvement goals. Foster children need safe homes with permanent connections to family or other caring adults. The current licensing and approval system, which screens families to care for foster children, fails to support these outcomes.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Children in foster care live in a variety of out-of-home care settings: licensed foster family homes, approved relative and nonrelative extended family member homes, foster family agencies, and group homes. All of these placement types, considered
facilities under current law, are required to meet the respective health and safety standards in order to be licensed or approved. This has produced administrative inefficiencies and confusion among stakeholders, and has contributed to difficulty in recruiting suitable foster family homes for children in out-of-home care. Increasing the number of available suitable homes will improve the likelihood that the best home will be initially identified to meet a child’s particular needs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Child safety and well-being are not achieved solely by ensuring that the home the child is placed in is free from physical hazards and that adults living in the home do not have disqualifying criminal convictions or past reports of child abuse. Child safety and well-being are also dependent upon consideration of the kinship or resource family’s psychosocial
history that includes physical health, mental health, alcohol and substance abuse, family violence or abuse, and experience caring for children.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Research shows that children in out-of-home care placed with relatives and nonrelative extended family members are more stable, more likely to be placed with siblings, and more likely to stay connected to their community and extended family. California statutory and regulatory provisions should maximize the likelihood that a child will initially be placed in the care of a safe relative or nonrelative extended family member who is willing to provide permanent care if reunification cannot be achieved.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Families living in the same neighborhood as a family from which a child has been removed are often best suited to provide for the immediate placement needs of that child.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Families who provide care to children in out-of-home placement are a valuable resource to the people of this state and to the children for whom they provide care.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_FFBAE66C-D4B9-4F5E-BD14-D51BCEBDF7EF">
<ns0:Num>SEC. 109.</ns0:Num>
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The heading of Article 2 (commencing with Section 16519.3) of Chapter 5 of Part 4 of Division 9 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawHeading id="id_CD50734D-9931-4DB4-B7E7-021A18FE053A" type="ARTICLE">
<ns0:Num>2.</ns0:Num>
<ns0:LawHeadingVersion id="id_F74BEA33-B1E9-4C6F-893A-E31A23AB3AE2">
<ns0:LawHeadingText>Kinship Family Approval and Resource Family Approval Programs</ns0:LawHeadingText>
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<ns0:BillSection id="id_6EA2BD98-0365-4320-A05E-662110193A8F">
<ns0:Num>SEC. 110.</ns0:Num>
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Section 16519.3 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_B178A766-E31C-4ABD-B130-3BF57F9E3C89">
<ns0:Num>16519.3.</ns0:Num>
<ns0:LawSectionVersion id="id_CA541F7F-8898-4DD7-A82F-7DB3E6596E63">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law and no later than January 1, 2028, the department shall adopt a simplified approval process for relative and kinship caregivers consistent with the definition of foster family homes for the purposes of Title IV-E eligibility in Section 1355.20 of Title 45 of the Code of Federal Regulations. The simplified approval process for relative and kinship caregivers shall be implemented only if and to the extent that federal financial participation is
available, necessary automation in the statewide child welfare information system and California Statewide Automated Welfare System is completed, and after necessary federal approval of state plan amendments has been obtained.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department may convene government-to-government consultation with tribes and communicate with other interested individuals and organizations to develop a simplified approval process for relative and kinship caregivers that achieves the goals of safety, permanency, and well-being for children in out-of-home care. The communication may include seeking feedback from relative and kinship caregivers, foster youth, county child welfare and probation agencies, foster family agencies, tribes, tribal organizations, tribal consortia, and other interested community partners.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Upon implementation of a simplified approval process adopted pursuant to subdivision (a), and no later than 18 months after implementation, the department shall track and report to the Legislature all of the following to the extent that the requested data can be tracked in the statewide child welfare information system:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The average length of time required for an applicant who had placement prior to approval to receive kinship family or resource family approval, and whether the average length of time has increased, decreased, or remained the same over time, after January 1, 2023.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Whether the
placement of children or youth with relatives and kinship caregivers has increased, decreased, or remained the same over time, after January 1, 2023.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
What, if any, barriers exist that affect implementation of the simplified approval process.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
On or before September 30, 2027, the department shall report to the Legislature for consideration the additional statutory changes required to fully implement separate approval standards for relative and kinship caregivers.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The report to be submitted pursuant to subdivisions (c) and (d) shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_FBD710D1-7A58-494B-A6A9-B1FFABAC06FA">
<ns0:Num>SEC. 111.</ns0:Num>
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Section 16519.4 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is repealed.
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<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_8B4A54E0-5E36-488E-84A3-C3955F426F24">
<ns0:Num>SEC. 112.</ns0:Num>
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Section 16519.4 is added to the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_9B6C0A49-1200-4BBC-848F-03DD63B3F8D9">
<ns0:Num>16519.4.</ns0:Num>
<ns0:LawSectionVersion id="id_8571B827-4CD4-4BF7-ADA3-16031AB30266">
<ns0:Content>
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(a)
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(1)
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Notwithstanding any other law and no later than January 1, 2028, the department shall adopt a simplified approval process for relative and kinship caregivers consistent with the definition of foster family homes for the purposes of Title IV-E eligibility in Section 1355.20 of Title 45 of the Code of Federal Regulations. The intent of a simplified kinship approval standard is to prioritize and reduce barriers to placement of children with kinship families. The department, in collaboration with county child welfare agencies, probation departments, foster parent associations, tribes, tribal organizations, tribal consortia, and other interested community partners, shall implement a supportive, engaging, family friendly, and child-centered kinship family approval process to approve
relatives, nonrelative extended family members, and extended family members of an Indian child as foster care providers to keep children connected to their biological families and extended family members and minimize trauma associated with the foster care system.
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(2)
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For purposes of this article, “kinship family” and “kinship family approval” mean an individual or family that has successfully met the home environment assessment and family engagement process standards adopted pursuant to subdivision (b) necessary for providing care for a child placed by a public child placement agency by court order or voluntarily placed by a parent or legal guardian. The individual or family shall be a relative, as defined in subdivision (m) of Section 11400, a nonrelative extended family member, as defined in Section 362.7, or an extended family member of an Indian child, as defined in subdivision (c) of Section 224.1.
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(3)
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For purposes of this article, and unless otherwise specified, references to a “child” include a “nonminor dependent,” as defined in subdivision (v) of Section 11400, and a “nonminor former dependent or ward,” as defined in paragraph (1) of subdivision (aa) of Section 11400.
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(4)
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There is no fundamental right to approval under this section. Emergency placement of a child pursuant to Section 309, 319, 361.45, or 727.05, or with a kinship family applicant pursuant to subdivision (b), does not entitle an applicant to approval as a kinship family under this section.
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<html:p>
(5)
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(A)
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A kinship family shall be considered eligible to provide foster care for children in out-of-home placement for whom the kinship family applicant is a relative, as defined in subdivision (m) of Section 11400, a nonrelative extended
family member, as defined in Section 362.7, or an extended family member of an Indian child, as defined in subdivision (c) of Section 224.1, and shall be considered approved for adoption and guardianship.
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(B)
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In the case of an Indian child for whom the child’s tribe is not exercising its right to approve a home, the county shall apply the prevailing social and cultural standards of the Indian community to the kinship family applicant approval for that child, as required by subdivision (f) of Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
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<html:p>
(6)
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(A)
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Notwithstanding paragraphs (2) to (5), inclusive, the county shall, consistent with the process specified at Section 1520.3 of the Health and Safety Code, cease any further review of a kinship family application under any of the following circumstances:
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(i)
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The kinship family applicant has had a previous kinship family or resource family application denial by a foster family agency or county within the preceding year.
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(ii)
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The kinship family applicant has had a previous rescission of kinship family approval or resource family approval within the preceding two years.
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(iii)
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The kinship family applicant has had a previous kinship family or resource family criminal record exemption denial or exemption rescission by the department or a county within the preceding two years.
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(B)
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Notwithstanding subparagraph (A), the county may continue to review a kinship family application if it has determined that the reasons for the previous denial or rescission were due to circumstances and conditions that either have been
corrected or are no longer in existence, or are not applicable. If a kinship family applicant was previously excluded from a kinship family home or a resource family home, the county shall cease review of the kinship family application unless the excluded kinship family applicant has been reinstated pursuant to subdivision (g) of Section 16519.6 of this code, or subdivision (h) of Section 1558 of the Health and Safety Code.
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<html:p>
(C)
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(i)
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The county may cease any further review of an application if, after written notice to the kinship family applicant, the kinship family applicant fails to complete an application without good faith effort and within 30 days of the date of the notice, as specified in the written directives or regulations adopted pursuant to this section.
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(ii)
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Clause (i) does not apply if a child is placed with the kinship family applicant pursuant to
Section 309, 361.45, 727.05, or paragraph (1) of subdivision (c) of this section.
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(D)
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The cessation of an application review pursuant to this paragraph does not constitute a denial of the application for purposes of this section or any other law.
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(E)
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For purposes of this section, the date of a previous denial, rescission, exemption denial or exemption rescission, or exclusion shall be either of the following:
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(i)
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The effective date of a final decision or order upholding a notice of action or exclusion order.
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(ii)
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The date on the notice of the decision to deny, rescind, or exclude, if the notice was not appealed or otherwise constitutes a final decision.
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(7)
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A kinship family shall meet the
approval standards set forth in this section, and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6, to maintain approval. A kinship family shall comply with the written directives or regulations adopted pursuant to this section and applicable laws in order to maintain approval.
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(8)
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A kinship family shall not be licensed to operate a residential facility, as defined in Section 1502 of the Health and Safety Code, a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, a residential care facility for persons with chronic, life-threatening illnesses, as defined in Section 1568.01 of the Health and Safety Code, or a medical foster home for veteran residents, as defined by 1568.21 of the Health and Safety Code, on the same premises used as the residence of the kinship family.
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(9)
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A kinship family applicant who
withdraws an application prior to its approval or denial may resubmit the application within 12 months of the withdrawal.
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(10)
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A kinship family may be approved by a county child welfare department or a probation department pursuant to this section.
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(b)
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(1)
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The department shall adopt standards pertaining to the home environment assessment, family engagement process, and kinship training requirements for a kinship family.
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(2)
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Kinship family home environment assessment standards shall include, but not be limited to, all of the following:
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(A)
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(i)
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A criminal record clearance of each kinship family applicant and all adults residing or regularly present in the home, and not exempted from fingerprinting, as set forth
in subdivision (b) of Section 1522 of the Health and Safety Code, pursuant to Section 8712 of the Family Code, including a check of the Child Abuse Central Index pursuant to Section 1522.1 of the Health and Safety Code, and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code.
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(ii)
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Consideration of any substantiated allegations of child abuse or neglect against the kinship family applicant and any other adult residing or regularly present in the home pursuant to Section 1522.1 of the Health and Safety Code.
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(iii)
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If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code,
kinship family approval shall be denied unless the person has received a criminal record exemption pursuant to clause (iv) of subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code. If the criminal record check indicates that the person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the kinship family applicant shall not be approved unless a criminal record exemption has been granted pursuant to clause (iv).
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(iv)
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If the kinship family parent, kinship family applicant, or any other person specified in clause (i) has been convicted of a crime other than an infraction or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) to (f), inclusive, of
Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the department or other authorized approving entity, if that entity has been granted permission by the department to issue criminal record exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care, as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
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(v)
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If it is determined, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption from disqualification, the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the department or county shall notify
the kinship family to act immediately to remove or bar the person from entering the kinship family’s home. The department or other authorized approving entity, as applicable, may subsequently grant an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. If the conviction or arrest was for another crime, the kinship family shall, upon notification by the department or county, act immediately to either remove or bar the person from entering the kinship family home, or require the person to seek an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. The department or other authorized approving entity, as applicable, shall determine if the person shall be allowed to remain in the kinship family home until a decision on the exemption from disqualification is rendered. A temporary removal pursuant to this clause shall not be considered an exclusion as described in subdivision (g) of Section 16519.6 or
Section 1558 of the Health and Safety Code.
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(B)
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A home and grounds evaluation to ensure the health and safety of children.
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(3)
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The family engagement process standards shall include, but not be limited to, all of the following:
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(A)
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Interviews with a kinship family applicant to discuss personal strengths of the family and identify needed supports and services to assist the kinship family applicant’s ability to care for the child.
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(B)
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A caregiver risk analysis, as specified in the written directives adopted pursuant to this section.
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(C)
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Discussion of any relevant history with child protective services based on a review of data within the statewide child welfare database, as specified in the
written directives or regulations adopted pursuant to this section.
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(4)
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Caregiver training, as described in subdivisions (e) and (f).
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(5)
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Completion of any other activities that enhance the ability of a kinship family applicant or a kinship family to support the specific needs of the child.
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(c)
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(1)
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A county may place a child with a kinship family applicant who has successfully completed the home environment assessment prior to completion of a family engagement process, as specified in the written directives or regulations adopted pursuant to this section.
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(2)
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A child placed pursuant to this subdivision shall be afforded all the rights set forth in Section 16001.9.
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(3)
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This section does not limit the county’s authority to inspect the home of a kinship family applicant as often as necessary to ensure the quality of care provided.
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(d)
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The department shall be responsible for all of the following:
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(1)
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(A)
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Until regulations are adopted, administering the program through the issuance of written directives for the kinship family approval process that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
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(B)
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Adopting, amending, or repealing, in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards that may be necessary or proper to carry out the purposes and intent of this article and to enable the department to exercise the powers and perform the duties conferred upon it by this section, consistent with the laws of this state.
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(2)
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Approving and requiring the use of a single standard for kinship family approval.
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(3)
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Adopting and requiring the use of standardized documentation for the home environment assessment, family engagement process, and kinship training of kinship families. The department shall permit counties to maintain documentation relating to the kinship family approval process in an electronic
format.
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<html:p>
(4)
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Adopting core competencies for county staff to participate in the assessment and evaluation of a kinship family applicant or a kinship family.
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(5)
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Requiring counties to monitor kinship families, including, but not limited to, all of the following:
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(A)
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Investigating complaints regarding kinship families.
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(B)
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Developing and monitoring kinship family corrective action plans to correct identified deficiencies.
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(C)
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If the kinship family is not completing the corrective action plan, notify, in writing, the child or nonminor dependent’s social worker or a county placing worker of the family’s noncompliance.
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(6)
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Ongoing
monitoring of county systems and operations including all of the following:
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(A)
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(i)
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Reviewing an adequate number of kinship family files in each county to ensure that approval standards are being properly applied and to determine what barriers to effective implementation exists, if any.
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(ii)
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The review shall include case file documentation and may include onsite inspection surveys of individual kinship families.
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(iii)
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The review shall occur no less than once every three years and may occur more frequently if, based on data, the department becomes aware that a county is experiencing a significant decrease in kinship family approvals, a decrease in placements with kinship families, or a disproportionate number of days to approval.
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(B)
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Reviewing county reports of serious complaints and incidents involving kinship families, as determined necessary by the department. The department may conduct a review of the county’s program if a pattern or recurrence of complaints or incidents occur, in order to determine the underlying causes.
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(C)
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Responding to complaints against counties from kinship family applicants, kinship families, tribes, or other groups.
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(D)
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Requiring corrective action of counties that are not in full compliance with this section.
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(E)
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Providing technical assistance to counties to assist in proper implementation of the kinship family approval process and ensure ongoing support of kinship families.
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(7)
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Implementing due process procedures, including, but not
limited to, all of the following:
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<html:p>
(A)
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Providing a statewide fair hearing process for kinship family application denials, rescissions of approval, or criminal record exemption denials or rescissions by a county or the department.
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(B)
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Amending the department’s applicable state hearing procedures and regulations, as necessary for the administration of the program.
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(e)
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Counties shall be responsible for all of the following:
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<html:p>
(1)
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Complying with the written directives or regulations adopted pursuant to this section.
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(2)
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Ensuring relatives, nonrelative extended family members, and extended family members of an Indian child are provided information regarding approval processes and the option to
choose between the kinship family approval process, the resource family approval process, and, in the case of an Indian child, a tribally approved home, as described by subdivision (r) of Section 224.1.
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<html:p>
(3)
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Implementing the requirements for kinship family approval and utilizing standardized documentation established by the department. A county may maintain documentation relating to the kinship family approval process in an electronic format.
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<html:p>
(4)
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Training appropriate staff, including ensuring staff have the education and experience or core competencies necessary to participate in the assessment and engagement of a kinship family applicant or kinship family.
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(5)
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(A)
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Taking the following actions, as applicable, for any of the reasons specified in Section 16519.615:
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<html:p>
(i)
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(I)
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Approving or denying kinship family applications, including preparing a written summary that evaluates a kinship family applicant’s capacity to foster, adopt, and provide legal guardianship of a child based on all of the information gathered through the kinship family application, home environment assessment, and family engagement process.
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(II)
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The kinship family applicant’s preference to not provide a specific level of permanency, including adoption or guardianship, shall not be a basis to deny a kinship family application.
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(ii)
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Rescinding approvals of kinship families.
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<html:p>
(iii)
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Granting, denying, or rescinding a criminal record clearance or exemption.
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<html:p>
(B)
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Providing a kinship family applicant, or individual who is the subject of an application denial, rescission of approval, or denial or rescission of a criminal record exemption with due process pursuant to Section 16519.605.
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<html:p>
(C)
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Notifying the department of any decisions denying an application for kinship family approval, rescinding approval, or denying or rescinding a criminal record exemption, and, if applicable, notifying the department of the results of an administrative action.
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<html:p>
(6)
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(A)
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Updating kinship family home approvals biennially, and as necessary, to address any changes that have occurred in the kinship family’s circumstances, including, but not limited to, moving to a new home location.
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(B)
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A county shall conduct an announced inspection of a kinship family home during
the biennial update, and as necessary to address any changes specified in subparagraph (A), in order to ensure that the kinship family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section.
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<html:p>
(7)
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Supporting and assisting kinship families with all of the following:
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<html:p>
(A)
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Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (b) while in the course of a routine visit to children placed in the home take appropriate action as needed.
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<html:p>
(B)
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Requiring kinship families to meet the approval standards set forth in this section and to comply with the written directives or regulations adopted pursuant to this section, other applicable laws, and corrective action plans, as necessary, to correct
identified deficiencies. If corrective action is not completed, as specified in the plan, the county may rescind the approval of the kinship family in accordance with applicable law or the written directives or regulations adopted pursuant to this section.
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<html:p>
(C)
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Requiring kinship families to report any incidents consistent with the reporting requirements pursuant to the written directives or regulations adopted pursuant to this section.
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<html:p>
(D)
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Inspecting kinship family homes as often as necessary to ensure the quality of care provided.
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<html:p>
(8)
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(A)
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Investigating all complaints against a kinship family and taking action as necessary, including, but not limited to, investigating any incidents reported about a kinship family indicating that approval standards are not being maintained and inspecting the
kinship family home.
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<html:p>
(B)
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The child’s social worker shall not conduct the investigation into the complaint received concerning a kinship family providing services pursuant to the standards required by subdivision (b). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not conduct the home environment assessment, family engagement process, or prepare the written summary determining approval of the kinship family.
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<html:p>
(C)
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Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
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<html:p>
(D)
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The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an
investigation, the department shall also be notified as to the status and disposition of that investigation.
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<html:p>
(9)
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Performing corrective action, as required by the department.
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(10)
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Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
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<html:p>
(11)
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Ensuring kinship family applicants and kinship families have the necessary knowledge, skills, and abilities to support the children placed or intended to be placed in their home, regardless of the child’s race, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV status in foster care by completing kinship family-specific training. The training should include a curriculum that supports
the role of a kinship family in parenting vulnerable children and should be ongoing in order to provide kinship families with information on trauma-informed care, practices, and requirements, and other topics relevant to the foster care system.
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<html:p>
(12)
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Ensuring the kinship family applicant and kinship family understands the rights of children in foster care and the kinship family applicant’s responsibility to safeguard those rights.
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<html:p>
(13)
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Provide ongoing support, no less than quarterly, to kinship families to ensure services and supports are provided to assist in successfully caring for the child or nonminor dependent. Support may be provided through, but not limited to, all of the following:
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(A)
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Peer mentorship programs.
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(B)
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Foster family agencies.
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<html:p>
(C)
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California kinship navigators.
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<html:p>
(D)
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Connections to concrete supports.
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<html:p>
(14)
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Assist and support a kinship family applicant with completion of training, ensuring that the kinship family completes a minimum of 12 hours of training, no later than 90 days following kinship approval. The training shall include, but not be limited to, all of the following courses:
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<html:p>
(A)
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Birth parent relationships and safety issues regarding contact and the effects of trauma on child development.
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<html:p>
(B)
<html:span class="EnSpace"/>
Understanding and navigating the child welfare and probation systems, including, but not limited to, what to expect in the first 90 days, custody rights of parents and kinship family caregivers, the role of the kinship
family as a mandated reporter pursuant to Penal Code Section 11165.7, and how to access services and supports.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Personal rights of children and nonminor dependents placed in their care and the kinship family’s responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Child and adolescent development, including sexual orientation, gender identity, and expression.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Assist and support kinship families with completion of training, ensuring completion of a
minimum of eight hours of caregiver training annually, as specified in the written directives or regulations adopted pursuant to this section.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Ensuring that kinship families complete cardiopulmonary resuscitation (CPR) training and first aid, or demonstrate equivalent certification, no later than 90 days following kinship family approval.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A kinship family parent who has a certificate of completion for Basic Life Support (BLS) for health care professionals, or Pediatric Advanced Life Support (PALS), or a higher standard of training that certifies CPR, and for whom the certification is currently active, is exempt from completing the kinship family approval CPR training requirement as described in clause (i), upon demonstrating proof of certification of completion and until the date the certification expires.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A kinship family parent who has active and unrestricted licensure as a health care professional, issued by the Department of Consumer Affairs or the Emergency Medical Services Authority, is exempt from completing the kinship family approval first aid training requirement as described in clause (i), upon demonstrating proof of active and unrestricted licensure and until the date the licensure expires.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Ensuring that kinship families, prior to expiration of the CPR and first aid certificates, obtain training to remain certified in CPR and first aid, or demonstrate equivalent certification, and submit copies of the certificates verifying completion of the training.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Clause (i) does not apply to first aid training for a kinship family parent who is exempt from the first aid training
requirement pursuant to clause (iii) of subparagraph (A).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
In addition to any training required by this section, a county may require a kinship family or kinship family applicant to receive relevant specialized training for the purpose of preparing the kinship family caregiver to meet the needs of a particular child in care. This section does not preclude a county from requiring training in excess of the requirements in this section in order to support the family.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Kinship families who move home locations shall retain their kinship family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (e).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A criminal record clearance or exemption of a kinship family or other adult in the kinship family home shall only be
eligible to be transferred to the new home location, and shall not be transferable to any other applicant type.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If a kinship family moves from one county to another county, the department, or the county to which a kinship family has moved, shall submit a written request to the Department of Justice to transfer the individual’s subsequent arrest notification, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the county or department and the Department of Justice.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Subject to the requirements in paragraph (1), the kinship family shall continue to be approved for guardianship and adoption. This subdivision shall not limit a
county or adoption agency from determining that the kinship family is not approved for guardianship or adoption based on changes in the kinship family’s circumstances or kinship family evaluation.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with kinship families assessed and approved pursuant to the program.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A child placed with a kinship family shall be eligible for the resource family basic rate, pursuant to Sections 11460, 11461, 11461.3, and 11463, at the child’s assessed level of care. On or after the date specified in paragraph (9) of subdivision (h) of Section 11461, the rate shall be based on the Tiered Rate Structure established in subdivision (h) of Section 11461.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of kinship families shall be in accordance with Section 10101.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Except as provided, kinship families shall be exempt from licensure requirements established pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) and all regulations promulgated to implement the act.
</html:p>
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<ns0:BillSection id="id_17FE9494-E5FE-471C-9FD6-E9C2DE419769">
<ns0:Num>SEC. 113.</ns0:Num>
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Section 16519.5 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_A4852B46-5834-4250-B18E-A798CC6DBC2D">
<ns0:Num>16519.5.</ns0:Num>
<ns0:LawSectionVersion id="id_38782FC1-0472-49B7-AF5F-BABD8B000AB4">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The State Department of Social Services, in consultation with county child welfare agencies, foster parent associations, and other interested community parties, shall implement a unified, family friendly, and child-centered resource family approval process to replace the existing multiple processes for licensing foster family homes, certifying foster homes by licensed foster family agencies, approving foster care providers, and approving guardians and adoptive families.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this article, “resource family” means an individual or family that has successfully met both the home environment assessment standards and the permanency assessment criteria adopted pursuant to subdivision (d) necessary for providing care for a child placed by a public or private child placement agency by court order, or voluntarily placed by a parent or legal guardian.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A resource family shall demonstrate all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An understanding of the safety, permanence, and well-being needs of children who have been victims of child abuse and neglect, and the capacity and willingness to meet those needs, including the need for protection, and the willingness to make use of support resources offered by the agency, or a support structure in place, or both.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An understanding of children’s needs and development, effective parenting skills or knowledge about parenting, and the capacity to act as a reasonable, prudent parent in day-to-day decisionmaking.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
An understanding of the role of the individual or family as a resource family and the capacity to work cooperatively with the agency, birth family, as appropriate, other resource families, and other service providers in implementing the child’s case plan and supporting transitions in
placement settings or permanency.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The financial ability within the household to ensure the stability and financial security of the family. This requirement may be waived for relative and nonrelative extended family member resource families on a case-by-case basis. For purposes of this subparagraph, there is no minimum income requirement and an applicant who will rely on the funding described in subdivision (l) to meet additional household expenses incurred due to the placement of a child shall not, for this reason, be denied approval as a resource family.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
An ability and willingness to provide a family setting that promotes normal childhood experiences that serves the needs of the child.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
An ability and willingness to meet the needs of the child regardless of the child’s sexual orientation, gender identity,
or gender expression, and that, should difficulties around these issues arise, a willingness to obtain resources offered by the county or foster family agency or other available resources to meet those needs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this article, and unless otherwise specified, references to a “child” include a “nonminor dependent” and “nonminor former dependent or ward,” as defined in subdivision (v) and paragraph (1) of subdivision (aa) of Section 11400.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
There is no fundamental right to approval as a resource family. Emergency placement of a child pursuant to Section 309, 319, 361.45, or 727.05, or with a resource family applicant pursuant to subdivision (e), does not entitle an applicant to approval as a resource family.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A resource family shall be considered eligible to provide foster
care for children in out-of-home placement and approved for adoption and guardianship.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), a county may approve a resource family to care for a specific child, as specified in the written directives or regulations adopted pursuant to this section. Child-specific approval shall be considered if the applicant is a relative or nonrelative extended family member who has an established and significant relationship with a child or a child is already placed in the home of the relative or nonrelative extended family member pursuant to subdivision (e) or Section 309, 319, 361.45, or 727.05.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In the case of an Indian child for whom the child’s tribe is not exercising its right to approve a home, the county shall apply the prevailing social and cultural standards of the Indian community to resource family approval for that child, as required by subdivision (f) of Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).
The department shall engage in the tribal consultation process and develop regulations to implement this clause. Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department may implement this clause through all-county letters or other similar instruction, and provide guidance to counties regarding consistent implementation of this clause.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of this article, “resource family approval” means that the applicant or resource family successfully meets the home environment assessment and permanency assessment standards. This approval is in lieu of a foster family home license issued pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code,
relative or nonrelative extended family member approval, guardianship approval, and the adoption home study approval.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Approval of a resource family does not guarantee an initial, continued, or adoptive placement of a child with a resource family or with a relative or nonrelative extended family member. Approval of a resource family does not guarantee the establishment of a legal guardianship of a child with a resource family.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) to (6), inclusive, the county shall, consistent with the processes described in Sections 1520.3 and 1558.1 of the Health and Safety Code, cease any further review of an application if the applicant has had a previous application denial by the department or a county within the
preceding year, or if the applicant has had a previous rescission, revocation, or exemption denial or exemption rescission by the department or a county within the preceding two years.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), the county may continue to review an application if it has determined that the reasons for the previous denial, rescission, or revocation were due to circumstances and conditions that either have been corrected or are no longer in existence. If an individual was excluded from a resource family home or facility licensed by the department, the county shall cease review of the individual’s application unless the excluded individual has been reinstated pursuant to subdivision (g) of Section 16519.6 of this code or pursuant to Section 1569.53, subdivision (h) of Section 1558, subdivision (h) of Section 1569.58, or subdivision (h) of Section 1596.8897, of the Health and Safety Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The county may cease any further review of an application if, after written notice to the applicant, the applicant fails to complete an application without good faith effort and within 30 days of the date of the notice, as specified in the written directives or regulations adopted pursuant to this section.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Clause (i) does not apply if a child is placed with the applicant pursuant to Section 309, 361.45, 727.05, or paragraph (1) of subdivision (e) of this section.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The cessation of an application review pursuant to this paragraph does not constitute a denial of the application for
purposes of this section or any other law.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For purposes of this section, the date of a previous denial, rescission, revocation, exemption denial or exemption rescission, or exclusion shall be either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The effective date of a final decision or order upholding a notice of action or exclusion order.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The date on the notice of the decision to deny, rescind, revoke, or exclude if the notice was not appealed or otherwise constitutes a final decision.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A resource family shall meet the approval standards set forth in this section, and, as applicable, Chapter 6.3 (commencing with Section 18360) of Part 6, to maintain approval. A resource family shall comply with the written directives or regulations adopted pursuant to this section
and applicable laws in order to maintain approval.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
A resource family may be approved by a county child welfare department or a probation department pursuant to this section or by a foster family agency pursuant to Section 1517 of the Health and Safety Code.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
A resource family shall not be licensed to operate a residential facility, as defined in Section 1502 of the Health and Safety Code, a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or a residential care facility for persons with chronic life-threatening illnesses, as defined in Section 1568.01 of the Health and Safety Code, on the same premises used as the residence of the resource family.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
An applicant who withdraws an application prior to its approval or denial may
resubmit the application within 12 months of the withdrawal.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph does not preclude a county from requiring an applicant to complete an application activity, even if that activity was previously completed.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department shall adopt standards pertaining to the home environment and permanency assessments of a resource family.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Resource family home environment assessment standards shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
A criminal record clearance of each applicant and all adults residing in, or regularly present in, the home, and not exempted from fingerprinting, as set forth in subdivision (b) of Section 1522 of the Health and
Safety Code, pursuant to Section 8712 of the Family Code,
including a check of the Child Abuse Central Index pursuant to Section 1522.1 of the Health and Safety Code, and receipt of a fingerprint-based state and federal criminal offender record information search response. The criminal history information shall include subsequent notifications pursuant to Section 11105.2 of the Penal Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Consideration of any substantiated allegations of child abuse or neglect against the applicant and any other adult residing in, or regularly present in, the home pursuant to Section 1522.1 of the Health and Safety Code.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, home approval shall be
denied. If the criminal records check indicates that the person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the home shall not be approved unless a criminal record exemption has been granted pursuant to subclause (IV).
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
If the resource family parent, applicant, or any other person specified in subclause (I) has been convicted of a crime other than an infraction or arrested for an offense specified in subdivision (e) of Section 1522 of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (d) through (f) of Section 1522 of the Health and Safety Code shall apply. Exemptions from the criminal records clearance requirements set forth in this section may be granted by the department or the county, if that county has been
granted permission by the department to issue criminal record exemptions pursuant to Section 361.4, using the exemption criteria currently used for foster care, as specified in subdivision (g) of Section 1522 of the Health and Safety Code.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
If it is determined, on the basis of the fingerprint images and related information submitted to the Department of Justice, that subsequent to obtaining a criminal record clearance or exemption from disqualification, the person has been convicted of, or is awaiting trial for, a sex offense against a minor, or has been convicted for an offense specified in Section 243.4, 273a, 273ab, 273d, 273g, or 368 of the Penal Code, or a felony, the department or county shall notify the resource family to act
immediately to remove or bar the person from entering the resource family’s home. The department or county, as applicable, may subsequently grant an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. If the conviction or arrest was for another crime, the resource family shall, upon notification by the department or county, act immediately to either remove or bar the person from entering the resource family’s home, or require the person to seek an exemption from disqualification pursuant to subdivision (g) of Section 1522 of the Health and Safety Code. The department or county, as applicable, shall determine if the person shall be allowed to remain in the home until a decision on the exemption from disqualification is rendered. A temporary removal pursuant to this clause shall not be considered an exclusion, as described in subdivision (g) of Section 16519.6 or Section
1558 of the Health and Safety Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For public foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For private foster family agencies approving resource families, the criminal records clearance process set forth in clause (i) shall be utilized, but the Department of Justice shall disseminate a fitness determination resulting from the federal criminal offender record information search.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A home and grounds evaluation to ensure the health and safety of children.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
In addition to the foregoing requirements, the resource family home environment assessment standards shall require the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
That the applicant demonstrates an understanding of the rights of children in care and the applicant’s responsibility to safeguard those rights.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
That the total number of children residing in the home of a resource family shall be no more than the total number of children the resource family can properly care for, regardless of status, and shall not exceed six children, unless exceptional circumstances that are documented in the foster child’s case file exist to permit a resource family to care for more children, including, but not limited to, the need to place siblings together, consistent with Section 16002.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
That the applicant understands the applicant’s responsibilities with respect to acting as a reasonable and prudent parent, and maintaining the least restrictive environment that serves the needs of the
child.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The resource family permanency assessment standards shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Caregiver training, as described in subdivisions (g) and (h).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A family evaluation, which shall include, but not be limited to, interviews of an applicant to assess the applicant’s personal history, family dynamic, and need for support or resources, and a risk assessment.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
When the applicant is a relative or nonrelative extended family member to an identified child, the family evaluation shall consider the nature of the relationship between the relative or nonrelative extended family member and the child. The relative or nonrelative extended family member’s expressed desire to only care for a specific child or children
shall not be a reason to deny the approval.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A caregiver risk assessment shall include, but not be limited to, physical and mental health, alcohol and other substance use and abuse, family and domestic violence, and the factors listed in paragraph (1) of subdivision (c).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A county may review and discuss data contained in the statewide child welfare database with an applicant for purposes of conducting a family evaluation, as specified in the written directives or regulations adopted pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Completion of any other activities that relate to the ability of an applicant or a resource family to achieve permanency with a child.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a child placed on an emergency basis pursuant to Section 309,
361.45, or 727.05, the home environment assessment, the permanency assessment, and the written report shall be completed within 120 days of the placement, unless good cause exists based upon the needs of the child.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If additional time is needed to complete the home environment assessment or the permanency assessment, the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of those assessments.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The county shall report to the department, on a quarterly basis, the number of families with emergency placements whose home environment assessment or permanency assessment goes beyond 120 days and summarize the reasons for these delays.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A county may place a child with a resource family applicant who has successfully completed the
home environment assessment prior to completion of a permanency assessment only if a compelling reason for the placement exists based on the needs of the child.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The permanency assessment and the written report described in paragraph (5) of subdivision (g) shall be completed within 120 days of the child’s placement in the home, unless good cause exists.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If additional time is needed to comply with subparagraph (A), the county shall document the extenuating circumstances for the delay and generate a timeframe for the completion of the permanency assessment.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The county shall report to the department, on a quarterly basis, the number of applicants for whom the requirements of subparagraph (A) exceed 120 days and summarize the reasons for these delays.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The home environment and permanency assessments, and the written report described in paragraph (5) of subdivision (g), shall be completed within 120 days of a child’s placement with a relative or nonrelative extended family member pursuant to Section 309, 361.45, or 727.05, unless good cause exists.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For any placement made pursuant to this subdivision, AFDC-FC funding shall not be available until approval of the resource family has been completed.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A child placed pursuant to this subdivision shall be afforded all the rights set forth in Section 16001.9.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This section does not limit the county’s authority to inspect the home of a resource family applicant as often as necessary to ensure the quality of care provided.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This
subdivision does not limit the county’s obligation under law to assess and give placement consideration to relatives and nonrelative extended family members and to place a child pursuant to Section 309, 361.3, 361.45, 706.6, or 727.1.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The State Department of Social Services shall be responsible for all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Until regulations are adopted, administering the program through the issuance of written directives that shall have the same force and effect as regulations. Any directive affecting Article 1 (commencing with Section 700) of Chapter 7 of Division 1 of Title 11 of the California Code of Regulations shall be approved by the Department of Justice. The directives shall be exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Adopting, amending, or repealing, in accordance with Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, any reasonable rules, regulations, and standards that may be necessary or proper to carry out the purposes and intent of this article and to enable the department to exercise the powers and perform the duties conferred upon it by this section, consistent with the laws of this state.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Approving and requiring the use of a single standard for resource family approval.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Adopting and requiring the use of standardized documentation for the home environment and permanency assessments of resource families. The department shall permit counties to maintain documentation relating to the resource family approval process in an electronic format.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Adopting core competencies for county staff to participate in the assessment and evaluation of an applicant or resource family.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Requiring counties to monitor county-approved resource families, including, but not limited to, both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Investigating complaints regarding resource families.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Developing and monitoring resource family corrective action plans to correct identified deficiencies and to rescind resource family approval if compliance with corrective action plans is not achieved.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Ongoing oversight and monitoring of county systems and operations including all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Reviewing
the county’s implementation plan and implementation of the program.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Reviewing an adequate number of county-approved resource families in each county to ensure that approval standards are being properly applied.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The review shall include case file documentation and may include onsite inspection of individual resource families.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The review shall occur on a biennial basis and more frequently if the department becomes aware that a county is experiencing a disproportionate number of complaints against individual resource family homes.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Reviewing county reports of serious complaints and incidents involving resource families, as determined necessary by the department. The department may conduct an independent review of the complaint or incident
and change the findings depending on the results of its investigation.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Investigating unresolved complaints against counties.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Requiring corrective action of counties that are not in full compliance with this section.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Excluding a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard for any of the reasons specified in Section 16519.61.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Implementing due process procedures, including, but not limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Providing a statewide fair hearing process for application denials, rescissions of approval, exclusion actions, or criminal record exemption denials or rescissions by
a county or the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Providing an excluded individual with due process pursuant to Section 16519.6.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Amending the department’s applicable state hearing procedures and regulations or using the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), when applicable, as necessary for the administration of the program.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Counties shall be responsible for all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Submitting an implementation plan and consulting with the county probation department in the development of the implementation plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Complying with the written directives or regulations adopted pursuant to this
section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Implementing the requirements for resource family approval and utilizing standardized documentation established by the department. A county may maintain documentation relating to the resource family approval process in an electronic format.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Training appropriate staff, including ensuring staff have the education and experience or core competencies necessary to participate in the assessment and evaluation of an applicant or resource family.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Taking the following actions, as applicable, for any of the reasons specified in Section 16519.61:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Approving or denying resource family applications, including preparing a written report that evaluates an applicant’s capacity to foster, adopt,
and provide legal guardianship of a child based on all of the information gathered through the resource family application and assessment processes.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The applicant’s preference to provide a specific level of permanency, including adoption, guardianship, or, in the case of a relative, placement with a fit and willing relative, shall not be a basis to deny an application.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Rescinding approvals of resource families.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
When applicable, referring a case to the department for an action to exclude a resource family parent, applicant, or other individual from presence in any resource family home, consistent with the established standard.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Issuing a temporary suspension order that suspends the resource family approval prior to a hearing when, in
the opinion of the county, urgent action is needed to protect a child from physical or mental abuse, abandonment, or any other substantial threat to health or safety. The county shall serve the resource family with the temporary suspension order and a copy of available discovery in the possession of the county, including, but not limited to, affidavits, declarations, names of witnesses, and other evidence upon which the county relied in issuing the temporary suspension order. The temporary suspension order shall be served upon the resource family with a notice of action, and if the matter is to be heard before the Office of Administrative Hearings, an accusation. The temporary suspension order shall list the effective date on the order.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Granting, denying, or rescinding criminal record exemptions.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Providing a resource family parent, applicant, or individual who is the
subject of a criminal record exemption denial or rescission with due process pursuant to Section 16519.6.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Notifying the department of any decisions denying an application for resource family approval, rescinding the approval of a resource family, or denying or rescinding a criminal record exemption and, if applicable, notifying the department of the results of an administrative action.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Updating resource family approval biennially and as necessary to address any changes that have occurred in the resource family’s circumstances, including, but not limited to, moving to a new home location or commencing operation of a family daycare home, as defined in Section 1596.78 of the Health and Safety Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A county shall conduct an announced inspection of a resource family home during the
biennial update, and as necessary to address any changes specified in subparagraph (A), in order to ensure that the resource family is conforming to all applicable laws and the written directives or regulations adopted pursuant to this section.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Monitoring resource families through all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Ensuring that social workers who identify a condition in the home that may not meet the approval standards set forth in subdivision (d) while in the course of a routine visit to children placed with a resource family take appropriate action as needed.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Requiring resource families to meet the approval standards set forth in this section and to comply with the written directives or regulations adopted pursuant to this section, other applicable laws, and corrective action plans as necessary to correct
identified deficiencies. If corrective action is not completed, as specified in the plan, the county may rescind the resource family approval.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Requiring resource families to report any incidents consistent with the reporting requirements pursuant to the written directives or regulations adopted pursuant to this section.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Inspecting resource family homes as often as necessary to ensure the quality of care provided.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Investigating all complaints against a resource family and taking action as necessary, including, but not limited to, investigating any incidents reported about a resource family indicating that the approval standard is not being maintained and inspecting the resource family home.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The child’s social
worker shall not conduct the investigation into the complaint received concerning a family providing services pursuant to the standards required by subdivision (d). To the extent that adequate resources are available, complaints shall be investigated by a worker who did not conduct the home environment assessment or family evaluation or prepare the written report determining approval of the resource family.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Upon conclusion of the complaint investigation, the final disposition shall be reviewed and approved by a supervising staff member.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The department shall be notified of any serious incidents or serious complaints or any incident that falls within the definition of Section 11165.5 of the Penal Code. If those incidents or complaints result in an investigation, the department shall also be notified as to the status and disposition of that investigation.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Performing corrective action as required by the department.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Assessing county performance in related areas of the California Child and Family Services Review System, and remedying problems identified.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Ensuring relatives, nonrelative extended family members, and extended family members of an Indian child are provided information regarding approval
processes and the option to choose between the kinship family approval process, the resource family approval process, and, in the case of an Indian child, to seek approval as a tribally approved home, as described by subdivision (r) of Section 224.1.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Ensuring resource family applicants and resource families have the necessary knowledge, skills, and abilities to support children of all races, ethnic group identifications, ancestries, national origins, colors, religions, sexes, sexual orientations, gender identities, mental or physical disabilities, or HIV statuses in foster care by completing caregiver training. The training should include a curriculum that supports the role of a resource family in parenting vulnerable children and should be ongoing in order to provide resource families with information on trauma-informed practices and requirements and other topics within the foster care system.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Ensuring that a resource family applicant completes a minimum of 12 hours of preapproval caregiver training. The training shall include, but not be limited to, all of the following courses:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An overview of the child protective and probation systems.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The effects of trauma, including grief and loss, and child abuse and neglect, on child development and behavior, and methods to behaviorally support children impacted by that trauma or child abuse and neglect.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Positive discipline and the importance of self-esteem.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Health issues in foster care.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Accessing services and supports to address education needs,
physical, mental, and behavioral health, and substance use disorders, including culturally relevant services.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The rights of a child in foster care and the resource family’s responsibility to safeguard those rights, including the right to have fair and equal access to all available services, placement, care, treatment, and benefits, and to not be subjected to discrimination or harassment on the basis of actual or perceived race, ethnic group identification, ancestry, national origin, color, religion, sex, sexual orientation, gender identity, mental or physical disability, or HIV status.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Cultural needs of children, including instruction on cultural competency and sensitivity, and related best practices for providing adequate care for children or youth across diverse ethnic and racial backgrounds, as well as children or youth identifying as lesbian, gay, bisexual, or
transgender.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Basic instruction on existing laws and procedures regarding the safety of foster youth at school.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Permanence, well-being, and education needs of children.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Child and adolescent development, including sexual orientation, gender identity, and expression.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
The role of resource families, including working cooperatively with the child welfare or probation agency, the child’s family, other resource families, and other service providers implementing the case plan, to support case plan goals and objectives, including placement transition planning to reduce trauma during transitions to reunification or other placement settings.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
The role of a resource family on the
child and family team as defined in paragraph (4) of subdivision (a) of Section 16501.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
A resource family’s responsibility to act as a reasonable and prudent parent, as described in subdivision (c) of Section 1522.44 of the Health and Safety Code, and to provide a family setting that promotes normal childhood experiences and that serves the needs of the child.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
An overview of the specialized training identified in subdivision (h).
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
The information described in subdivision (i) of Section 16521.5. The program may use the curriculum created pursuant to subdivision (h), and described in subdivision (i), of Section 16521.5.
</html:p>
<html:p>
(P)
<html:span class="EnSpace"/>
Information on providing care and supervision to children who have been commercially sexually exploited or who have been
victims of child labor trafficking. For purposes of this subparagraph, “information” may include, but not be limited to, informational pamphlets addressing the identification of victims of commercial sexual exploitation and child labor trafficking and the provision of existing resources, including crisis hotline numbers, survivor and caregiver supports, and contact information for law enforcement entities.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Ensuring resource families complete a minimum of eight hours of caregiver training annually, a portion of which shall be from subparagraph (M) of paragraph (13) and from one or more of the other topics listed in paragraph (13).
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Ensuring that resource families complete cardiopulmonary resuscitation (CPR) training and first aid training, or demonstrate equivalent certification, no later than 90 days following resource
family approval.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A resource family parent who has a certificate of completion for Basic Life Support (BLS) for health care professionals, or Pediatric Advanced Life Support (PALS), or a higher standard of training that certifies CPR, and for whom the certification is currently active, is exempt from completing the resource family approval CPR training requirement as described in clause (i), upon demonstrating proof of certification of completion and until the date the certification expires.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A resource family parent who has active and unrestricted licensure as a health care professional, issued by the Department of Consumer Affairs or the Emergency Medical Services Authority, is exempt from completing the resource family approval first aid training requirement as described in clause (i), upon demonstrating proof of active and unrestricted licensure and until the date the
licensure expires.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Ensuring that resource families, prior to expiration of the CPR and first aid certificates, obtain training to remain certified in CPR and first aid, or demonstrate equivalent certification, and submit copies of the certificates verifying completion of the training.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Clause (i) does not apply to first aid training for a resource family parent who is exempt from the first aid training requirement pursuant to clause (iii) of subparagraph (A).
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Ensuring that resource families that care for children who are 10 years of age or older attend, within 12 months of approval as a resource family, a training on understanding how to use best practices for providing care and supervision to children who have been commercially sexually exploited or
who have been victims of child labor trafficking. This training shall be survivor informed, culturally relevant and appropriate, and address issues relating to stigma. The training required by this subparagraph shall address all of the following topics:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Recognizing indicators of commercial sexual exploitation and child labor trafficking.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Harm reduction.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Trauma-informed care.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Available county and state resources.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Perspectives of individuals or families who have experiences with commercial sexual exploitation and child labor trafficking.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The information provided in subparagraph (P) of paragraph (13)
shall also be provided during the training described in this paragraph.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
After completing the training required by subparagraph (A), a resource family shall not be required to attend training relating to children who have been commercially sexually exploited or who have been victims of child labor trafficking, except as required pursuant to subdivision (h).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
This section does not prevent an entity from providing the training specified in this paragraph in person, virtually, by recorded means, or by any other available means.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
In addition to any training required by this section, a county may require a resource family or applicant to receive relevant specialized training for the purpose of preparing the resource family to meet the needs of a particular child in care. This training may include, but is not
limited to, the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Understanding how to use best practices for providing care and supervision to commercially sexually exploited children and children who have been victims of child labor trafficking.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Understanding how to use best practices for providing care and supervision to lesbian, gay, bisexual, and transgender children.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Understanding the requirements and best practices regarding psychotropic medications, including, but not limited to, court authorization, benefits, uses, side effects, interactions, assistance with self-administration, misuse, documentation, storage, and metabolic monitoring of children prescribed psychotropic medications.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Understanding the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.), its
historical significance, the rights of children covered by the act, and the best interests of Indian children, including the role of the caregiver in supporting culturally appropriate, child-centered practices that respect Native American history, culture, retention of tribal membership, and connection to the tribal community and traditions.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Understanding how to use best practices for providing care and supervision to nonminor dependents.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Understanding how to use best practices for providing care and supervision to children with special health care needs.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Understanding the different permanency options and the services and benefits associated with the options.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
This section does not preclude a county from requiring training in excess of
the requirements in this section.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Resource families who move home locations shall retain their resource family status pending the outcome of the update conducted pursuant to paragraph (6) of subdivision (g).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If a resource family moves from one county to another county, the department, or the county to which a resource family has moved, shall submit a written request to the Department of Justice to transfer the individual’s subsequent arrest notification, as specified in subdivision (h) of Section 1522 of the Health and Safety Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A request to transfer a subsequent arrest notification shall contain all prescribed data elements and format protocols pursuant to a written agreement between the department and the Department of Justice.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Subject to the requirements in paragraph (1), the resource family shall continue to be approved for guardianship and adoption. This subdivision shall not limit a county, foster family agency, or adoption agency from determining that the family is not approved for guardianship or adoption based on changes in the family’s circumstances or family evaluation.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Implementation of the program shall be contingent upon the continued availability of federal Social Security Act Title IV-E (42 U.S.C. Sec. 670) funds for costs associated with placement of children with resource families assessed and approved pursuant to the program.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
A child placed with a resource family is eligible for the resource family basic rate, pursuant to Sections 11460, 11461, 11461.3, and 11463, at the child’s assessed level of care.
On or after the date specified in paragraph (9) of subdivision (h) of Section 11461, the rate shall be based on the Tiered Rate Structure established in subdivision (h) of Section 11461.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Sharing ratios for nonfederal expenditures for all costs associated with activities related to the approval of relatives and nonrelative extended family members shall be in accordance with Section 10101.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
The Department of Justice shall charge fees sufficient to cover the cost of initial or subsequent criminal offender record information and Child Abuse Central Index searches, processing, or responses, as specified in this section.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
Except as provided, resource families approved by a county pursuant to
this section shall be exempt from both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Licensure requirements established pursuant to the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code) and all regulations promulgated to implement the act.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Relative and nonrelative extended family member approval requirements as those approval requirements existed prior to January 1, 2017.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
The department or a county is authorized to obtain any arrest or conviction records or reports from any court or law enforcement agency as necessary to the performance of its duties, as provided in this section or subdivision (e) of Section 1522 of the Health and Safety Code.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
A resource family approved pursuant to this section shall forfeit its approval concurrent with resource family approval by a foster family agency.
</html:p>
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<ns0:BillSection id="id_CFAC373F-3433-4509-A910-90C8351C2D8A">
<ns0:Num>SEC. 114.</ns0:Num>
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Section 16519.501 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>16519.501.</ns0:Num>
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<ns0:Content>
<html:p>A kinship family or resource family approval shall be forfeited by operation of law when one of the following occurs:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The kinship family or resource family surrenders the approval to the county child welfare agency or probation department.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The sole kinship family parent or resource family parent dies.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The
kinship family or resource family abandons the approved home.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The kinship family or resource family fails to cooperate with a biennial update, as described in paragraph (6) of subdivision (e) of Section 16519.4 or paragraph (6) of subdivision (g) of Section 16519.5, as applicable, within 30 days of the date of written notice by the county child welfare agency or probation department.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A resource family approval is forfeited by operation of law, as provided in Section 16519.58 of this code or Section 1517.5 of the
Health and Safety Code.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For a kinship family, when all children or nonminor dependents are no longer placed in the home.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The kinship approval may be reinstated if the juvenile court subsequently orders one or more of the children or nonminor dependents returned for placement in the home. The county may require the kinship family to complete activities, as specified in subdivision (b) of Section 16519.4, and the written directives or regulations adopted pursuant to Section 16519.4 prior to reinstatement.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_0FFC059B-B823-4B35-99DE-65294678F90D">
<ns0:Num>SEC. 115.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'16519.502.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 16519.502 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_440A998F-44E0-4DAC-BD08-D00FE810DDF1">
<ns0:Num>16519.502.</ns0:Num>
<ns0:LawSectionVersion id="id_54D4530B-FA9E-4E12-93C5-13193E355509">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A portion of the annual kinship family or resource family training shall support the case plans, goals, and needs of children in the kinship family home or resource family home, if there are any children in the home, in accordance with applicable written directives or regulations, as specified by the department.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A county, in its discretion, may require a kinship family, resource
family, or applicant to receive one or more hours of relevant specialized training that is in addition to the hours of that training that are required by state law.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A653D15E-6A32-490C-AFAE-D6A8407AFFDC">
<ns0:Num>SEC. 116.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'16519.51.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 16519.51 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_729241BE-58AE-4E79-B2B6-5C70784AD1BE">
<ns0:Num>16519.51.</ns0:Num>
<ns0:LawSectionVersion id="id_1177B6F2-C265-46B2-B236-F4576BE234CA">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A person shall not incur civil liability as a result of a county notifying the department of its determination to rescind the approval of a kinship family or resource family, or to take disciplinary action against a kinship family, due to any of the following actions by a kinship family parent or resource family parent:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Violation of Section
16519.4 or 16519.5, the written directives or regulations adopted pursuant to Section 16519.4 or 16519.5, or any applicable law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Aiding, abetting, or permitting the violation of Section 16519.5, the written directives or regulations adopted pursuant to Section 16519.5, or any applicable law.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Conduct that poses a risk or threat to the health and safety, protection, or well-being of a child, or the people of the state of California.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The conviction of the applicant, kinship family parent,
or resource family parent at any time before or during
their approval of a crime described in Section 1522.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Knowingly allowing any child to have illegal drugs, alcohol, or any tobacco product as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Committing an act of child abuse or neglect or an act of violence against another person.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department or a county shall not incur civil liability for providing each other with information if the communication is for the purpose of aiding in the evaluation for approval of a kinship family or resource
family.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_4B69D228-A946-477A-911F-C04FADEB49B7">
<ns0:Num>SEC. 117.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'16519.52.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 16519.52 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_7EDB841C-51ED-4C7E-B603-4DCB92AEAF34">
<ns0:Num>16519.52.</ns0:Num>
<ns0:LawSectionVersion id="id_5CB37E7B-7086-4CD9-ACEA-ADA4B87295D3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A kinship family or resource family may install and use delayed egress devices of the time delay type in the home of the kinship family or resource family.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
As used in this section, “delayed egress device” means a device that precludes the use of exits for a predetermined period of time. These devices shall not delay any resident’s departure from the home for longer than 30 seconds.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Within the 30 seconds of delay, a
kinship family or resource family may attempt to redirect a resident who attempts to leave the home.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Any person accepted by a kinship family or resource family using delayed egress devices in the home shall meet all of the following conditions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The person shall have a developmental disability, as defined in Section 4512.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The person shall be receiving services and case management from a regional center under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An interdisciplinary team, through the Individual Program Plan (IPP) process pursuant to
Section 4646.5, shall have determined that the person lacks hazard awareness or impulse control and requires the level of supervision afforded by a resource family in a home equipped with delayed egress devices, and that, but for this placement, the person would be at risk of admission to, or would have no option but to remain in, a more restrictive state hospital or state developmental center placement.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The home shall be subject to all fire and building codes, regulations, and standards applicable to residential care facilities for the elderly utilizing delayed egress devices, and shall receive approval by the county or city fire department, the local fire prevention district, or the State Fire Marshal for the installed delayed egress devices.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The kinship family or
resource family shall provide training regarding the use and operation of the egress control devices used by any person caring for a resident, protection of residents’ personal rights, lack of hazard awareness and impulse control behavior, and emergency evacuation procedures.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The
kinship family or resource family shall develop a plan of operation that is authorized by the approving county and includes a description of how the home is to be equipped with egress control devices that are consistent with regulations adopted by the State Fire Marshal pursuant to Section 13143 of the Health and Safety Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The plan shall include, but shall not be limited to, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A description of how the kinship family or resource family will provide training for persons caring for a resident regarding the use and operation of the egress control devices used in the home.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A description of how the
kinship family or resource family will ensure the protection of the residents’ personal rights consistent with Sections 4502, 4503, and 4504.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A description of how the kinship family or resource family will manage the person’s lack of hazard awareness and impulse control behavior.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A description of the kinship family’s or resource family’s emergency evacuation procedures.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Delayed egress devices shall not substitute for adequate supervision. The capacity of the home shall not exceed six residents.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Emergency fire and earthquake drills shall be conducted at least once every three months, and shall include all persons providing resident care and supervision.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6E678F82-834D-47CF-B26B-09A15CD135DC">
<ns0:Num>SEC. 118.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'16519.53.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 16519.53 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_EBA6FEEC-121C-494D-8AEB-BEDBC8CD6A13">
<ns0:Num>16519.53.</ns0:Num>
<ns0:LawSectionVersion id="id_9030C8F5-09E9-4C84-BC80-60DCBF933CDF">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A kinship family or resource family shall be authorized to administer emergency medical assistance and injections for severe diabetic hypoglycemia and anaphylactic shock to a foster child in placement in accordance with subdivision (a) of Section 1507.25 of the Health and Safety Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A kinship family or resource family shall be authorized to administer subcutaneous injections of other medications, including insulin, as prescribed by a child’s physician, to a foster child in placement in accordance with subdivision (b) of Section 1507.25 of
the Health and Safety Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_741B9F70-2EF1-446D-ADE4-E60D7BDDC162">
<ns0:Num>SEC. 119.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'16519.54.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 16519.54 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_573153B0-7146-4164-9E3E-47BAEF3B9CE6">
<ns0:Num>16519.54.</ns0:Num>
<ns0:LawSectionVersion id="id_05E011D5-BF13-4735-BE68-C3A011B80B64">
<ns0:Content>
<html:p>Notwithstanding any other law, a kinship family or resource family shall not be subject to civil penalties imposed pursuant to the Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code).</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_AF4E59AD-CD3B-4C64-B4F1-11D1A8B38CBA">
<ns0:Num>SEC. 120.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'16519.55.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 16519.55 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_0BD5F432-4312-4B99-B899-E429953E8F7E">
<ns0:Num>16519.55.</ns0:Num>
<ns0:LawSectionVersion id="id_212CB86F-F38B-4A86-AA88-01A8C37AFDCE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Subject to subdivision (d), to encourage the recruitment of kinship families and resource families, to protect their personal privacy, and to preserve the security of confidentiality of the placements with kinship families or resource families, the names, addresses, and other identifying information of kinship families and resource families shall be considered personal information for purposes of the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
Division 3 of the Civil Code). This information shall not be disclosed by any state or local agency pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), except as necessary for administering the kinship family approval program and resource family approval program, facilitating the placement of children with kinship families or resource families, and providing names and addresses, upon request, only to bona fide professional foster parent organizations and to professional organizations educating foster parents, including the Foster and Kinship Care Education Program of the California Community Colleges.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The application form signed by a
kinship family applicant or resource family applicant of a county shall be signed with a declaration by the applicant that the information submitted is true, correct, and contains no material omissions of fact to the best knowledge and belief of the applicant. Any person who willfully and knowingly, with the intent to deceive, makes a false statement or fails to disclose a material fact in their application is guilty of a misdemeanor.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Before approving a kinship family or resource family, a county may conduct a reference check of the applicant to determine whether it is safe and appropriate for the county to approve the applicant to be a kinship family or resource
family by contacting the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Any foster family agencies that have certified the applicant.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Any state or county licensing offices that have licensed the applicant as a foster family home.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Any counties that have approved the applicant as a relative, nonrelative extended family member, kinship family, or resource family.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Any foster
family agencies that have approved the applicant as a resource family.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Any state licensing offices that have licensed the applicant, approved the applicant to work or be present in a department licensed facility or organization, or approved the applicant as a registered home care aide or trustline provider.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Any Indian tribe or tribal agency that has approved or licensed an applicant in any of the categories described in subparagraphs (A) to (E), inclusive.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding subdivision (d), within 20 business days of being contacted by a county, a foster family agency that has previously certified the applicant or approved the applicant as a resource family shall divulge information, as specified in the written directives or regulations adopted by the department pursuant to Section 16519.5 of the Welfare and Institutions Code and unless otherwise prohibited by law, regarding the applicant to the county that is conducting a reference check.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The department, a county, a foster family agency, an Indian tribe, or a tribal agency may request information and records from, or divulge information
and records to, the department, a county, a foster family agency, an Indian tribe, or a tribal agency regarding the previous licensure, certification, or approval of a prospective resource family for the purpose of and as necessary to conduct a reference check to determine whether it is safe and appropriate to approve an applicant to be a kinship family or resource family.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
For purposes of this section, the term Indian tribe means Indian tribe as defined in subdivision (a) of Section 224.1 of the Welfare and Institutions Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A3A04AC5-04D0-452A-9603-813D852C038F">
<ns0:Num>SEC. 121.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'16519.555.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 16519.555 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_A925DFBB-66AC-46DE-94AE-33181C33E8BE">
<ns0:Num>16519.555.</ns0:Num>
<ns0:LawSectionVersion id="id_70B8F097-C88C-4822-984B-CB7623D102CD">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The written summary evaluating the capacity of a kinship family applicant to, or the written report evaluating the capacity of a resource family applicant to, foster, adopt, and provide legal guardianship of a child based on all of the information gathered through the kinship family or resource family application and assessment processes, any update to the written report, completed
pursuant to Section 16519.5 of this code or Section 1517 of the Health and Safety Code, or any update to the written summary completed pursuant to Section 16519.4, is confidential and may be released only to the following individuals and entities:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The applicant, kinship family, or resource family.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A tribal agency.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The county child welfare agency or county probation department.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The State Department of Social Services.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A licensed foster family agency pursuant to Section 1517.5 of the Health and Safety Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A county adoption agency, as defined in Section 8513 of the Family Code, or a licensed adoption agency, as defined in Section 8530 of the Family Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
For the purpose of assessing the appropriateness of a placement or proposed placement pursuant to the Interstate Compact on the Placement of Children, a member of the child welfare agency in the sending state.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The written report, or any update to the written report, described in subdivision (a) shall not be further disseminated by the receiving individual or entity to any individual or entity,
other than those individuals or agencies authorized to receive the written report pursuant to subdivision (a).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding subdivision (b), this section does not limit an applicant, kinship family, or resource family from disseminating those portions of the written report that relate to the applicant, kinship family, or resource family.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_232AE64C-F8D6-4856-B935-54940D5CBF0E">
<ns0:Num>SEC. 122.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'16519.57.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 16519.57 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_6F3979BD-7E49-4120-A1A2-C36380096C1E">
<ns0:Num>16519.57.</ns0:Num>
<ns0:LawSectionVersion id="id_52D273D8-741D-4CC0-8F81-0ECFCBB2A34B">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, a kinship family or resource family who has had a child either placed with them pursuant to order of the juvenile court or voluntarily placed with them by the person or persons having legal custody of the child, may give the same legal consent for that child as a parent, except for the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Marriage.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Entry into the Armed Forces of the United States.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Medical and dental treatment, except that consent may be given for ordinary medical and dental treatment for the child, including,
but not limited to, immunizations, physical examinations, and X-rays.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Educational decisions that are required to be made by a child’s educational rights holder.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If the child is voluntarily placed by the parent or parents, those items as are agreed to in writing by the parties to the placement.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section does not apply to any situation in which a juvenile court order expressly reserves the right to consent to those activities to the court.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_19A4C2B8-86DB-4340-BAEC-D4A40D7B5688">
<ns0:Num>SEC. 123.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'16519.6.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 16519.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3486C746-4983-40D8-8660-B55D8A7F5EDE">
<ns0:Num>16519.6.</ns0:Num>
<ns0:LawSectionVersion id="id_184B2D3F-789F-41B4-9D2B-24D078177FF9">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A resource family hearing conducted pursuant to Section 16519.5 shall be conducted in accordance with the requirements of this section and the written directives or regulations adopted pursuant to Section 16519.5.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For a resource family hearing held at the department’s State Hearings Division, the procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2 shall apply, except as otherwise provided in this section.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For a resource family hearing held at the Office of Administrative Hearings, the procedures set forth in the Administrative
Procedure Act (Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code) shall apply, except as otherwise provided in this article.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of the administrative action procedures set forth in this article, “agency” means a county or the department according to the authority to take action provided in subdivisions (f) and (g) of Section 16519.5, except that “agency” shall mean the department for purposes of a decision or a posthearing procedure, as provided in Sections 11517 to 11522, inclusive, of the Government Code.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding the time to appeal set forth in Section 10951 of this code and Section 1558 of the Health and Safety Code, for the resource family approval program, an applicant
for approval or for a criminal record exemption may file a written appeal within 90 days of service of a notice of action, and a resource family, excluded individual, or individual who is the subject of a criminal record exemption rescission may file a written appeal within 25 days of service of a notice of action or exclusion order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Pursuant to Section 1013 of the Code of Civil Procedure, if the notice of action or exclusion order is served by mail, the time to respond shall be extended five days.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If different appeal timelines apply to a matter as a result of multiple actions filed against a respondent, the following shall apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A county or the department, as applicable, shall accept an appeal to one action as an appeal to all of the actions against the same respondent, if requested to do so by the
respondent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If an action for rescission of approval, criminal record exemption rescission, or exclusion includes an action for application denial, the applicable appeal timeline for a rescission of approval, criminal record exemption rescission, or exclusion specified in paragraph (1) shall also apply to the action for application denial.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This section does not impede or extend jurisdiction as set forth in the Administrative Procedure Act (Chapter 4 (commencing with Section 11370) of Part 1 of Division 3 of Title 2 of the Government Code).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Section 10951, and except as provided in subdivision (m), a county’s action related to the resource family approval program
shall be final, or for matters set before the State Hearings Division, an appeal shall be subject to dismissal, if the resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission does not file an appeal to the notice of action or exclusion order within the prescribed time, withdraws the appeal, or fails to appear at the hearing without good cause.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission shall be entitled to a hearing pursuant to Section 16519.5 if they file the appeal no more than 30 calendar days after the due date for the appeal, as specified in subdivision (d), and the person provides good cause for the late filing of the appeal. Good cause shall be determined by the department in an administrative review procedure set forth
in the written directives or regulations adopted pursuant to Section 16519.5. The department shall not grant a late appeal for good cause if the appeal is filed more than 30 calendar days after the due date for the appeal, as specified in subdivision (d).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this subdivision, the following definitions apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“Good cause” for the late filing of an appeal means a substantial and compelling reason beyond the party’s control, considering the length of the delay, the diligence of the party filing the appeal, and the potential prejudice to the other party.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Good cause” for failure to appear at the hearing shall be as defined by the department in the written directives or regulations adopted pursuant to Section 16519.5.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The
inability of a person to understand an adequate and language-compliant notice, in and of itself, does not constitute good cause.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This section does not preclude the application of the principles of equity jurisdiction as otherwise provided by law.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Except as provided in subdivisions (g) and (h), and notwithstanding Section 10952, a resource family hearing under this section, notwithstanding any time waiver, shall be held within 90 days following the receipt of a timely appeal for matters to be set before the State Hearings Division or within 90 days following the receipt of a timely notice of defense for matters to be set before the Office of Administrative Hearings, unless a continuance or postponement of the hearing is granted for good cause.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The department may exclude a resource family parent, applicant, or other individual from presence in any resource family home, from employment in, presence in, and contact with clients of, any facility licensed by the department or a resource family approved by a licensed foster family agency, and from holding the position of member of the board of directors, executive director, or officer of the licensee of any facility licensed by the department, for any of the reasons set forth in Section 16519.61.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department may issue an exclusion order requiring the immediate removal of an individual if, in the opinion of the department, the action is
necessary to protect a child from physical or mental abuse, abandonment, or any other substantial threat to the child’s health or safety. If the department has issued an immediate exclusion order, the timelines for the service of an accusation, conducting a hearing, and for a final determination set forth in Section 1558 of the Health and Safety Code shall apply, unless a continuance of the hearing is granted for good cause.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A resource family’s failure to comply with the department’s exclusion order after being notified of the order shall be grounds for taking action against the resource family’s approval pursuant to Section 16519.61.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An exclusion order that was effective prior to the implementation of the resource family approval program and conversion of licensed foster family homes and certified family homes to resource families shall be deemed to exclude the individual
from presence in any resource family home.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
An exclusion issued under the resource family approval program shall be for the remainder of the excluded person’s life, unless otherwise ordered by the department, or as prescribed in Section 1558.1 of the Health and Safety Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Pursuant to Section 11522 of the Government Code, the excluded individual may petition for reinstatement to the department after one year has elapsed from the effective date of an exclusion order that was not appealed or the effective date of a decision and order by the department upholding an exclusion order. The department shall provide the excluded person a copy of Section 11522 of the Government Code with the exclusion order and decision and order.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A temporary exclusion of an individual following a county’s denial of an application for resource family approval, rescission of approval, or denial or rescission of a criminal record exemption, shall only be imposed as set forth in the written directives or regulations adopted by the department pursuant to Section 16519.5.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
For purposes of this subdivision, a “facility licensed by the department” means a facility licensed pursuant to Chapter 3 (commencing with Section 1500) of, Chapter 3.01 (commencing with Section 1568.01) of, Chapter 3.2 (commencing with Section 1569) of, Chapter 3.3 (commencing with Section 1570) of, Chapter 3.4 (commencing with Section 1596.70) of, Chapter 3.5 (commencing with Section 1596.90) of, or Chapter 3.6 (commencing with Section 1597.30) of, Division 2 of the Health and Safety Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
If a county or the department has issued a temporary suspension order of a resource family approval, the hearing shall be held within 30 days following the receipt of a timely appeal for matters to be set before the State Hearings Division, or within 30 days following the receipt of a timely notice of defense for matters to be set before the Office of Administrative Hearings. The temporary suspension order shall remain in effect until the time the hearing is completed and the department has made a final determination on the merits. However, the temporary suspension order shall be deemed vacated if the department fails to make a final determination on the merits within 30 days after receipt of the proposed decision by the county or department.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A county and the department may coordinate the filing of actions, file consolidated pleadings, or file a motion to consolidate multiple actions if a matter involves both a county and department action.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A resource family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission who files an appeal to a notice of action or exclusion order pursuant to this section shall, as part of the appeal, provide their current mailing address. The resource family, applicant, or individual who is the subject of a criminal record exemption denial or rescission shall subsequently notify the county, and the excluded individual shall notify the department, in writing of any change in mailing address, until the hearing process has been completed or terminated.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Service by mail of a notice or other writing on a resource
family, applicant, excluded individual, or individual who is the subject of a criminal record exemption denial or rescission in a procedure pursuant to this section is effective if served to the last mailing address on file with the county or department. Service of a notice of action shall be by personal service or by first-class mail, and service of an exclusion order shall be by personal service or registered mail. If the last day for performance of any required action falls on a holiday, then the period shall be extended to the next day which is not a holiday.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
In all resource family approval proceedings conducted in accordance with this section, the burden of proof on the department or county shall be by a preponderance of the evidence.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A
county or the department may institute or continue an administrative proceeding against a resource family, applicant, or individual who is the subject of a criminal record exemption denial or rescission upon any ground provided by this section or Section 16519.61, enter an order denying an application or rescinding the approval of a resource family, exclude an individual, issue a temporary suspension order, or otherwise take disciplinary action against a resource family, applicant, or individual who is the subject of a criminal record exemption denial or rescission notwithstanding any resignation, withdrawal, forfeiture, surrender of approval, or denial or rescission of the approval by a foster family agency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department may institute or continue an administrative proceeding against an excluded individual upon any ground provided by this section or Section 16519.61, enter an order to exclude an individual, or otherwise take disciplinary
action against an excluded individual, notwithstanding any resignation, withdrawal, forfeiture, surrender of approval, or denial or rescission of the approval by a foster family agency.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Sections 11425.10 and 11425.20 of the Government Code, a resource family approval proceeding conducted pursuant to this section shall be confidential and not open to the public in order to preserve the confidential information of a child or resource family consistent with the confidentiality requirements in Sections 827, 10850, and 16519.55 of this code, Section 1536 of the Health and Safety Code, and Section 11167.5 of the Penal Code. Notwithstanding this requirement, an administrative law judge may admit persons deemed to have a direct and legitimate interest in the particular case or the work of the court on
a case-by-case basis and with any admonishments, limitations, and protective orders as may be necessary to preserve the confidential nature of the proceedings.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as otherwise required by law, in any writ of mandate proceeding related to an issue arising out of this article, the name, identifying information, or confidential information of a child as described in Sections 827, 10850, and 16519.55, and Section 11167.5 of the Penal Code, shall not be disclosed in a public document and a protective order shall be issued by the court in order to protect the confidential information of a child.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F2F3A779-E47A-41B3-B2A3-EEC858A93232">
<ns0:Num>SEC. 124.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'16519.605'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 16519.605 is added to the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
,
<ns0:Positioning>immediately following Section 16519.6</ns0:Positioning>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_CE2F3F9B-F7AB-4041-8B44-49CE067CD7FD">
<ns0:Num>16519.605.</ns0:Num>
<ns0:LawSectionVersion id="id_4ED60F93-E946-47AF-A545-D1A3E4741EC3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A kinship family hearing conducted pursuant to Section 16519.4 shall be conducted in accordance with the requirements of this section and the written directives or regulations adopted pursuant to Section 16519.4.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A kinship family hearing for a county denial of an application, rescission of approval, or the denial or rescission of a criminal record exemption shall be held at the department’s State Hearings Division. The procedures set forth in this article shall govern appeals and hearings on kinship family matters, except that the procedures set forth in Chapter 7 (commencing with Section 10950) of Part 2 shall apply to any procedure not specified in this article.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding the time to appeal set forth in Section 10951, a kinship applicant for approval or for a criminal record exemption may file a written appeal within 90 days of service of a notice of action, and a kinship family who is the subject of a rescission, or an individual who is the subject of a criminal record exemption rescission, may file a written appeal within 25 days of service of a notice of action.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Pursuant to Section 1013 of the Code of Civil Procedure, if the notice of action is served by mail, the time to respond shall be extended five days.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If different appeal timelines apply to a kinship matter as a result of multiple actions filed against a respondent, the following shall apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A county shall accept an appeal to one action as an appeal to
all of the actions against the same respondent, if requested to do so by the respondent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If an action for rescission of approval or criminal record exemption rescission includes an action for application denial, the applicable appeal timeline for a rescission of approval or a criminal record exemption rescission specified in paragraph (1) shall also apply to the action for application denial.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding Section 10951, and except as provided in subdivision (i), a county’s action on a kinship matter shall be final and an appeal shall be subject to dismissal, if the kinship family, applicant for approval, or individual who is the subject of a criminal record exemption denial or rescission, does not file an appeal to the notice of action within the prescribed time, withdraws the appeal, or fails to appear at the hearing without good cause.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a kinship family, applicant for approval, or individual who is the subject of a criminal record exemption denial or rescission shall be entitled to a hearing pursuant to Section 16519.4 if they file the appeal no more than 30 calendar days after the due date for the appeal, as specified in subdivision (c), and the person provides good cause for the late filing of the appeal. Good cause shall be determined by the department in an administrative review procedure set forth in the written directives or regulations adopted pursuant to Section 16519.4. The department shall not grant a late appeal for good cause if the appeal is filed more than 30 calendar days after the due date for the appeal, as specified in subdivision (c).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this subdivision, the following definitions apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“Good cause” for the late filing of an appeal means a substantial and compelling reason beyond the party’s control, considering the length of the delay, the diligence of the party filing the appeal, and the potential prejudice to the other party.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Good cause” for failure to appear at the hearing shall be as defined by the department in the written directives or regulations adopted pursuant to Section 16519.4.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The inability of a person to understand an adequate and language-compliant notice, in and of itself, does not constitute good cause.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
This section does not preclude the application of the principles of equity jurisdiction as otherwise provided by law.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Except as provided in subdivisions (g) and (h), and
notwithstanding Section 10952, a kinship family hearing under this section, notwithstanding any time waiver, shall be held within 90 days following the receipt of a timely appeal, unless a continuance or postponement of the hearing is granted for good cause.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A kinship family, applicant for approval, or individual who is the subject of a criminal record exemption denial or rescission, who files an appeal to a notice of action pursuant to this section, shall as part of the appeal provide their current mailing address. The kinship family, applicant for approval, or individual who is the subject of a criminal record exemption denial or rescission shall subsequently notify the county in writing of any change in mailing address until the hearing process has been completed or terminated.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Service by mail of a notice or other writing on a kinship family, applicant for approval, or
individual who is the subject of a criminal record exemption denial or rescission in a procedure pursuant to this section is effective if served to the last mailing address on file with the county. Service of a notice of action shall be by personal service, registered mail, or by first-class mail. If the last day for performance of any required action falls on a holiday, then the period shall be extended to the next day which is not a holiday.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
In all proceedings conducted in accordance with this section, the burden of proof on the county shall be by a preponderance of the evidence.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A county may institute or continue an administrative proceeding against a kinship family, applicant for approval, or individual who is the subject of a criminal record exemption denial or rescission upon any ground provided by this section or Section 16519.615, enter an order for the record
denying an application for kinship family approval or rescinding approval, or otherwise take disciplinary action against a kinship family, applicant for approval, or individual who is the subject of a criminal record exemption denial or rescission, notwithstanding any resignation, withdrawal, forfeiture, surrender of approval, or denial or rescission of the approval.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A proceeding conducted pursuant to this section shall be confidential and not open to the public in order to preserve the confidential information of a child or kinship family consistent with the confidentiality requirements in Sections 827, 10850, and 16519.55 of this code, and Section 11167.5 of the Penal Code. Notwithstanding this requirement, an administrative law judge may admit persons deemed to have a direct and legitimate interest in the particular case or the work of the court on a case-by-case basis and with any admonishments, limitations,
and protective orders as may be necessary to preserve the confidential nature of the proceedings.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as otherwise required by law, in any writ of mandate proceeding related to an issue arising out of this article, the name, identifying information, or confidential information of a child as described in Sections 827, 10850, and 16519.55, and Section 11167.5 of the Penal Code, shall not be disclosed in a public document and a protective order shall be issued by the court in order to protect the confidential information of a child.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_F637EF1C-5467-4988-99B3-5C392571B3B4">
<ns0:Num>SEC. 125.</ns0:Num>
<ns0:ActionLine action="IS_ADDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2F%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'16519.615'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 16519.615 is added to the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
,
<ns0:Positioning>immediately following Section 16519.61</ns0:Positioning>
, to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_66E7791D-90E3-46CA-B5FE-DBA99FF22065">
<ns0:Num>16519.615.</ns0:Num>
<ns0:LawSectionVersion id="id_E6CDC2CA-8239-4793-B08F-F193252F84A4">
<ns0:Content>
<html:p>A county may deny a kinship family application or rescind the approval for any of the following reasons:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Violation of Section 16519.4, the written directives or regulations adopted pursuant to Section 16519.4, or any applicable law.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Aiding, abetting, or permitting the violation of Section 16519.4, the written directives or regulations adopted pursuant to Section 16519.4, or any applicable law.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Conduct that poses a risk or threat to the health and safety, protection, or well-being of a child, another individual, or the people of the State of California.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The
conviction of the kinship family applicant, parent, or associated individual at any time before or during their approval of a crime described in Section 1522 of the Health and Safety Code.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Engaging in acts of financial malfeasance, including, but not limited to, improper use or embezzlement of the money or property of a child, fraudulent appropriation for personal gain of money or property, or willful or negligent failure to provide services.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Any other reason specified in the written directives or regulations adopted pursuant to Section 16519.4.
</html:p>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_C4E54173-0048-413C-A85B-4C4ED1C09E4B">
<ns0:Num>SEC. 126.</ns0:Num>
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Section 16521.6 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_D481AB03-E596-4662-A1C3-9F8A362F8453">
<ns0:Num>16521.6.</ns0:Num>
<ns0:LawSectionVersion id="id_B4B7481C-B3C6-4F64-B852-D36FA05E45A0">
<ns0:Content>
<html:p>To ensure that coordinated, timely, and trauma-informed services are provided to children and youth in foster care who have experienced severe trauma, all of the following shall occur:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Each county shall develop and implement a memorandum of understanding setting forth the roles and responsibilities of agencies and other entities that serve children and youth in foster care who have experienced severe trauma. Participants in the development and implementation of the memorandum of understanding shall include, but not be limited to, all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The county child welfare agency.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The county probation department.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The county behavioral health departments.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The county office of education.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The regional center or centers that serve children and youth with developmental disabilities in the county.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Foster care or other child welfare advocacy groups, as deemed appropriate by the organizations that will be parties to the memorandum, serving in an advisory capacity.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The memorandum of understanding shall include, at a minimum, provisions addressing all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Establishment and operation of an interagency leadership team.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Establishment and
operation of an interagency placement committee, as defined in Section 4096.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Commitment to implementation of an integrated core practice model.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Processes for screening, assessment, and entry to care.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Processes for child and family teaming and universal service planning.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Alignment and coordination of transportation and other foster youth services.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Recruitment and management of kinship families and resource families and delivery of therapeutic foster care services.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Information and data sharing
agreements.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Staff recruitment, training, and coaching.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Financial resource management and cost sharing.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Dispute resolution.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
Processes, as developed through tribal consultation with the federally recognized tribes within each county, for engaging and coordinating with these tribes in the ongoing implementation of the memorandums of understanding described in this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
No later than October 1, 2021, members of the interagency leadership team, or its designees, shall establish a process to provide, arrange for, or ensure the provision of, at least six months of family-based aftercare service to children and youth, as described in Section
4096.6, and acknowledgment that federal financial participation under the Medi-Cal program is only available if all state and federal requirements are met and the service is medically necessary.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Members of the interagency leadership team described in subparagraph (A) of paragraph (2), or its designees, may, to the extent permitted by federal law, and subject to the limitations described in subparagraph (C), disclose to, and exchange with, one another information or a writing that may be designated as confidential under state law if the member of the team having that information or writing reasonably believes it is generally relevant to the identification, reduction, or elimination of barriers to services for, or to placement of, children and youth in foster care or to improve provision of those services or those placements.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Members of the interagency leadership team, or
its designees, who receive disclosed or exchanged information or a writing pursuant to subparagraph (B) shall destroy or return that information or writing once the purposes for which it was disclosed or exchanged are satisfied. The information or writing shall be used only for the purposes described in subparagraph (B). Any information or writing disclosed or exchanged pursuant to subparagraph (B) shall be confidential and shall not be open to public inspection, unless the information or writing is aggregated and deidentified in a manner that prevents the identification of an individual who is a subject of that information or writing. Any discussion concerning the disclosed or exchanged information or writing during a team meeting shall be confidential and shall not be open to public inspection.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Members of an interagency placement committee, as defined in Section 4096, child abuse multidisciplinary personnel team, as defined in Section
18961.7, or child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501, that is convened for the purpose of implementing the provisions of the memorandum of understanding developed pursuant to this subdivision shall comply with applicable statutory confidentiality provisions for that committee or team. Members of teams convened for purposes of implementing the memorandum of understanding shall comply with applicable records retention policies for their respective agencies or programs.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
To the extent possible, the implementation of the memorandum of understanding shall utilize existing processes and structures within and across the respective organizations that are parties to it.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
No later than June 1, 2019, the Secretary of California Health and Human Services and the Superintendent of Public
Instruction shall establish a joint interagency resolution team consisting of representatives from the State Department of Social Services, the State Department of Health Care Services, the State Department of Developmental Services, and the State Department of Education.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The primary roles of the joint interagency resolution team shall be to develop guidance to counties, county offices of education, and regional centers with regard to developing the memoranda of understanding required by this section, to support the implementation of those memoranda of understanding, and to provide technical assistance to counties to identify and secure the appropriate level of services to meet the needs of children and youth in foster care who have experienced severe trauma.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The agencies shall ensure that a process is developed for counties and partner agencies
that are parties to the memorandum of understanding to request interdepartmental technical assistance from the joint interagency resolution team.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
No later than January 1, 2020, the joint interagency resolution team, in consultation with county agencies, service providers, and advocates for children and resource families, shall review the placement and service options available to county child welfare agencies and county probation departments for children and youth in foster care who have experienced severe trauma and shall develop and submit recommendations to the Legislature addressing any identified gaps in placement types or availability, needed services to resource families, or other identified issues. The joint interagency resolution team shall update its review and provide recommendations to the Legislature no later than December 31, 2022, that take into account the specific needs and characteristics of youth
with unplanned discharges from short-term residential therapeutic programs and youth for whom counties were unable to, or have difficulty with, securing placements and providing trauma-informed services, which may include, but is not limited to, as applicable, youth impacted by commercial sexual exploitation, youth with acute behavioral needs, and youth with intellectual or developmental disabilities. The recommendations shall also articulate a statewide plan for any additional development needed for a trauma-informed, therapeutic continuum of care to support youth in-state in the least restrictive setting.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A report submitted to the Legislature pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
No later than June 1, 2020, the joint interagency resolution team, in consultation with county agencies, service providers,
behavioral health professionals, schools of social work, and advocates for children and resource families, shall develop a multiyear plan for increasing the capacity and delivery of trauma-informed care to children and youth in foster care served by short-term residential therapeutic programs and other foster care and behavioral health providers.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Members of the joint interagency resolution team described in this subdivision may, to the extent permitted by federal law, and subject to the limitations described in subparagraph (B), disclose to, and exchange with, one another information or a writing that may be designated as confidential under state law if the member of the team or committee having that information or writing reasonably believes it is generally relevant to the identification, reduction, or elimination of barriers to services for, or to placement of, children and youth in foster care or to improve
provision of those services or those placements.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Members of the joint interagency resolution team who receive disclosed or exchanged information, or a writing, pursuant to subparagraph (A), shall destroy or return that information or writing once the purposes for which it was disclosed or exchanged are satisfied. The information or writing shall be used only for the purposes described in subparagraph (A). Any information or writing disclosed or exchanged pursuant to subparagraph (A) shall be confidential and shall not be open to public inspection, unless the information or writing is aggregated and deidentified in a manner that prevents the identification of an individual who is a subject of that information or writing. Any discussion concerning the disclosed or exchanged information or writing during a team meeting shall be confidential and shall not be open to public inspection.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The joint interagency resolution team shall track and report deidentified information of children and nonminor dependents in foster care who have been assisted to preserve, or secure new, intensive therapeutic options. This information shall be posted on the internet website of the California Health and Human Services Agency beginning July 1, 2022, shall be updated annually, and shall include the number of children and nonminor dependents served through its technical assistance process, characteristics of individuals served, and, as applicable, local and statewide systemic issues identified by the team.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_FBAE80B1-5751-4BF3-AEDE-7C959AE2A30A">
<ns0:Num>SEC. 127.</ns0:Num>
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Section 16563 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_370A34BB-38EC-45E7-8DB9-AC8288E229F3">
<ns0:Num>16563.</ns0:Num>
<ns0:LawSectionVersion id="id_086121E7-D3DF-4DD2-A4CC-14C43B08F4E6">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
If there is a child eligible for Tier 2 of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461, living in a kinship family home or resource family home, no more than a total of three children in foster care may be placed in that kinship family home or resource family home, including the child receiving the Tier 2 rate.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
If there is a child eligible for Tier 3 or Tier 3+ of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (h) of Section 11461,
living in a
kinship family home or resource family home, no more than a total of two children in foster care may be placed in that kinship family home or resource family home, including the child eligible for Tier 3 or Tier 3+ .
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A county placing agency may approve placements for additional children in foster care that would result in the placement of more than three children in foster care in a home where a child eligible for Tier 2 is placed or more than two eligible children in a home where a child eligible for Tier 3 or Tier 3+ is placed in compelling circumstances, including in order to accommodate a preexisting relationship, to place a sibling group together, or to accommodate the extraordinary needs of a specific child that the
kinship family or resource family has a unique ability to meet. A shortage of approved kinship family homes approved resource family homes shall not be a compelling circumstance absent other factors.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Approval for additional children in foster care to be placed in the home shall be determined to be in the best interest of all children in the home and shall come from the director of the county child welfare department or the chief probation officer of the county probation department, or their respective designees, of all of the county placing agencies with children placed or proposed to be placed in the home.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_4B7AB75F-C01E-4AF7-BD17-9E9C803B5534">
<ns0:Num>SEC. 128.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'9.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'6.5.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'16565.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 16565 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_538734D3-1D01-4F77-95D8-6E429156AA17">
<ns0:Num>16565.</ns0:Num>
<ns0:LawSectionVersion id="id_1EB384CA-985B-4B96-AD30-31B922FD0E21">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Legislature finds and declares the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Social determinants of health, adverse childhood experiences (ACEs), positive childhood experiences, and other supports are critical determinants of life outcomes for children. Research shows that ACEs can have lasting, negative, and permanent impacts on childhood development. Many factors, including experiencing abuse or neglect, placement instability and disconnection from family and natural supports, leave children and nonminor dependents in foster care particularly vulnerable to the impact of ACEs.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Research also shows that positive childhood experiences, tailored to a child’s or nonminor dependent’s strengths, can lessen the impact of
ACEs. Through positive childhood experiences, children can develop, build, and nurture strengths and personal autonomy, which may support the successful transition to permanency and successful adulthood.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Focusing on strengths building activities, by providing explicit funding for these activities, will help to prevent children and nonminor dependents in foster care from developing more complex needs and will serve to stabilize children, and, as applicable, nonminor dependents in their families, which, whenever possible and consistent with federal and state laws for placement preferences, should include placement in the home of a relative, nonrelative extended family member or, in the case of an Indian child, an extended family member as defined in Section 224.1.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Strengths building activities should be culturally responsive, family centered, and permanency focused, and, in
the case of an Indian child, consistent with the prevailing social and cultural conditions and way of life of the Indian child’s tribe.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
It is therefore the intent of the Legislature in enacting this section to create a program to empower the children and nonminor dependents in foster care and their families, with support from the child and family team, to select and make decisions about the goods, services, activities, and supports needed to achieve the strengths building objectives.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Strengths Building Child and Family Determination Program is hereby established. Beginning on the date required by paragraph (9) of subdivision (h) of Section 11461, the Strengths Building Child and Family Determination Program shall be available to every child and nonminor dependent in foster care whose tier has been determined as part of the Tiered Rate Structure established in
subdivision (h) of Section 11461, based on the completion of the IP-CANS assessment. In lieu of applying the Strengths Building Child and Family Determination Program to nonminor dependents placed in a setting described in subdivision (w) of Section 11400, an amount equivalent to Tier 1 of the Strengths Building Funding shall be included in their rate, as described in clause (ii) of subparagraph (B) of paragraph (6) of subdivision (h) of Section 11461.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
For purposes of this chapter, the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Child and family determination” means the process established by the department to empower the child or nonminor dependent, in an age and developmentally appropriate manner and the child and family or nonminor dependent to make decisions, informed by the IP-CANS assessment tool about the mix of goods, services, activities, and supports needed to meet the
child’s or nonminor dependent’s strengths building objectives. In the case of an Indian child, the process shall be informed by the prevailing social and cultural conditions and way of life of the Indian child’s tribe.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Child and family team” has the same meaning as described in paragraph (4) of subdivision (a) of Section 16501, including, for an Indian child, a representative of the Indian child’s tribe or Indian custodian, as applicable.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Family” includes the child’s parents, guardian, Indian custodian, and relatives, unless a juvenile court has made an order terminating parental rights pursuant to Section 366.26. “Family” also includes kinship families, resource
families, or tribally approved homes, and, in the case of an Indian child, a representative of the Indian childʼs tribe and extended family members, as defined in Section 224.1.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Spending plan manager” means the entity or entities that contract with the department to manage the Strengths Building Funding on behalf of the child or nonminor dependent. The spending plan manager shall be a partnership, whether general or limited, a corporation, whether for profit or nonprofit, a limited liability company, or an association with a valid tax payer identification number. The department shall prioritize nonprofit entities in developing these contracts.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Spending plan report” means a report of the information required in subparagraph (B) of paragraph (5) of subdivision (d), prepared by the spending plan manager, regarding the child’s or
nonminor dependent’s Strengths Building Funding.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Strengths building” means the growth or development of characteristics of a child or nonminor dependent in an environment or through an external factor that provides the individual with meaning and wellbeing through the provision of goods, services, activities, and supports. For an Indian child, the identification of strengths shall be informed by prevailing social and cultural conditions and way of life of the Indian child’s tribe.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Strengths Building Funding” means the per child per month amount paid as a rate component of the Tiered Rate Structure established in subparagraph (B) of paragraph (2) of subdivision (h) of Section 11461, as specified in paragraph (1) of subdivision (d), based on the childʼs or nonminor dependent’s tier, as determined by the IP-CANS assessment.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Strengths Building Spending Plan” means the plan the child and family develop to use the Strengths Building Funding as provided in subparagraph (A) of paragraph (3) of subdivision (d). In the case of a nonminor dependent, the Strengths Building Spending Plan means the plan that is developed by the nonminor dependent with appropriate supports selected by the nonminor dependent.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Under the Strengths Building Child and Family Determination Program:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Strengths Building Funding shall be available per child per month for each eligible child or nonminor dependent described in subdivision (b) based on the child’s or nonminor dependent’s tier, according to the following tiered rate schedule:
</html:p>
<html:p>Tier 1: $ 500</html:p>
<html:p>Tier 2: $ 700</html:p>
<html:p>Tier 3: $ 900 [Ages 0-5]</html:p>
<html:p>Tier 3+: $900 [Ages 6+]</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For each eligible child or nonminor dependent described in subdivision (b) Strengths Building Funding shall be available, as set forth in paragraph (1), as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), beginning on the date required by paragraph (9) of subdivision (h) of Section 11461, for new entries into foster care and for all other children or nonminor dependents in foster care placements on July 1, 2027, including children or nonminor dependents placed in a setting described in subdivision (d) of Section 11402, the Strengths Building Funding shall be available consistent with the child’s or nonminor dependent’s tier, as determined by the IP-CANS assessment, pursuant to a schedule to be determined by the department.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Beginning on the date required by paragraph (9) of subdivision (h) of Section 11461, an amount equivalent to Tier 1 of the Strengths Building Funding shall be available to a nonminor dependent placed in a setting described in subdivision (w) of Section 11400.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The Strengths Building Funding shall be considered to be owned by the state until the spending plan manager pays for goods, services, activities, and supports for the child or nonminor dependent using the funds. The child’s or nonminor dependent’s Strengths Building Funding shall be used within the fiscal year for which the funding is appropriated. When the child or nonminor dependent exits foster care, including, but not limited to, when the child reunifies with a parent with or without juvenile court supervision, or achieves permanency through adoption, tribal customary adoption, or guardianship, any unused portion of
Strengths Building Funding shall be available for use by the child or nonminor dependent through the end of the fiscal year for which the funding was appropriated, and any unused funding may roll forward into the fiscal year immediately following the fiscal year for which the funding was appropriated.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
All goods, services, activities, and supports paid for by the spending plan manager using the Strengths Building Funding shall belong to or be provided for the benefit of the child or nonminor dependent, including when the child’s or nonminor dependent’s placement changes.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Notwithstanding any other law, payments, goods, services, activities and supports made available to a child or nonminor dependent pursuant to this section shall not be considered income or resources for purposes of determining the individual’s eligibility for benefits or assistance under any federal, state
or local benefit or assistance program, to the extent permitted by federal law.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The child and family or nonminor dependent, in exercising child and family determination, informed by the child’s or nonminor dependent’s strengths and needs assessment through the IP-CANS, and, for an Indian child, informed by prevailing social and cultural conditions and way of life of the Indian child’s tribe, shall do both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Develop a Strengths Building Spending Plan for the child or nonminor dependent.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The Strengths Building Spending Plan shall detail the strengths building objectives that are to be achieved through the purchase of child- and family-directed goods, services, activities, and supports using the Strengths Building Funding pursuant to the program standards and guidelines established by the
department pursuant to subdivision (e) and, for an Indian child, informed by prevailing social and cultural conditions and way of life of the Indian child’s tribe.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The total amount of the Strengths Building Spending Plan shall not exceed the amount of the Strengths Building Funding for the child’s or nonminor dependent’s tier.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The Strengths Building Spending Plan shall not be used to supplant existing funding sources used to secure goods, services, activities, or supports for children or nonminor dependents in foster care.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Choose the goods, services, activities, and supports consistent with the program standards and guidelines developed by the department pursuant to subdivision (e). These goods and services may include, but are not limited to, extracurricular activities and equipment, peer support,
educational and post-secondary educational materials and supplies, and goods, services, activities, and supports that are culturally significant to the child or nonminor dependent or that help the child or nonminor dependent feel connected to their family and community of origin, or, in the case of an Indian child, the child’s tribe.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The child and family or nonminor dependent’s choice of goods, services, activities or supports shall be presumed to be reasonable and appropriate when those choices are consistent with guidance provided by the department describing allowable uses of the Strengths Building Funding and do not otherwise create risk to the child’s or nonminor dependent’s health, safety, or wellbeing. Strengths Building Funding shall not be used in a manner that would violate any state or federal law or any court order.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In the case of a child whose permanent plan
is reunification, the child shall be empowered, as age and developmentally appropriate, to lead decisionmaking with active support of their parent or parents receiving reunification services. In all other cases, the child shall be empowered, as age and developmentally appropriate, to lead decisionmaking with active support of their caregiver.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
In the case of a nonminor dependent, the nonminor dependent shall be empowered to make decisions to expend Strengths Building Funding in a manner that supports their transition to successful adulthood.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The child and family team shall be responsible for both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Supporting the child’s and family’s or nonminor dependent’s choices or interests in goods, services, activities, and supports for the Strengths Building Spending Plan and providing support or
suggestions in choosing activities to fulfill the strengths building objectives that are consistent with the strengths building objectives identified by the child’s or nonminor dependent’s IP-CANS assessment and the program standards and guidelines developed by the department pursuant to subdivision (e) and, for an Indian child, informed by prevailing social and cultural conditions and way of life of the Indian child’s tribe, and for a child who is 14 years and older, as is age appropriate, and for all nonminor dependents, supporting the child in leading and directing the decisions related to the use of the Strengths Building Funding.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Working with the child and family or nonminor dependent, as applicable, and as desired by the child and family, or nonminor dependent, when goods, services, activities, and supports chosen for the Strengths Building Spending Plan fail to meet the program standards and guidelines developed by the department
pursuant to subdivision (e), to help select and find goods, services, activities, and supports that comply with those guidelines and, for an Indian child, are informed by prevailing social and cultural conditions and way of life of the Indian child’s tribe.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Each child and nonminor dependent shall have a spending plan manager to assist the child and family and nonminor dependent with managing the Strengths Building Funding consistent with the Strengths Building Spending Plan. The spending plan manager shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Pay for and, if needed, otherwise enable the procurement of goods, services, activities, and supports for the child or nonminor dependent according to terms of the spending plan manager’s contract with the department, the program standards and guidelines developed by the department pursuant to subdivision (e), and any other applicable
requirements under state and federal law.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
When necessary or appropriate, payments may be made directly to the caregiver, child and family, or a nonminor dependent, according to the terms of the spending plan manager’s contract with the department, guidance provided by the department, and applicable federal and state law.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Payments shall be made timely according to the terms of the Strengths Building Spending Plan to promote the goals and objectives of the Strengths Building Child and Family Determination Program, the terms of the spending plan manager’s contract with the department, guidance provided by the department, and applicable federal and state law.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Provide the child, family, nonminor dependent, placing agency, foster family agency, and short-term residential therapeutic program, as applicable,
with a spending plan report, consisting of at least an itemized monthly statement with a description of the goods, services, activities, and supports purchased using the Strengths Building Funding in the previous 30-day period, the amount spent for each good, service, activity, and support in the previous 30-day period, and the amount of funding that remains available under the Strengths Building Spending Plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Comply with the duties prescribed in the terms of the contract with the department, including, but not limited to, ensuring the Strengths Building Funding is available to the child or nonminor dependent for its intended use, consistent with the Strengths Building Spending Plan.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The department shall be responsible for all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Oversight of the contract or contracts with spending plan
managers for spending plan management services, including the expenditure of the Strengths Building Funding.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Development of program standards including, but not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A standards of care framework for the program, including standards that promote increased child and family determination over decisions about the goods, services, activities, and supports that will best meet the strengths building objectives identified in the child’s or nonminor dependent’s IP-CANS assessment and, for an Indian child, that are consistent with prevailing social and cultural conditions and way of life of the Indian child’s tribe, and that are consistent with active efforts as described in subdivision (f) of Section 224.1.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Comprehensive guidance for child- and family-centered planning that supports the
child and family in developing their Strengths Building Spending Plan and, for an Indian child, supports engagement with the child’s tribe in ensuring the Strengths Building Spending Plan is informed by prevailing social and cultural conditions and way of life of the Indian child’s tribe, and for a child who is 14 years and older, as is age appropriate, and for all nonminor dependents, support the child or nonminor dependent in leading the decisions related to the use of the Strengths Building Spending Plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Education or training and informational materials, for the child and family or nonminor dependent, the child and family team, placing agencies, foster family agencies, court-appointed advocates, and the spending plan manager, about the Strengths Building Child and Family Determination Program to ensure understanding of the principles of child and family determination, strengths building, comprehensive child- and family-centered
planning, the planning process, self-determination principles in adolescent and young adult development, and the management of budgets, services, and staff and, for an Indian child, understanding of prevailing social and cultural conditions and way of life of the Indian child’s tribe. Any materials or information provided for children and nonminor dependents shall be age-appropriate and shall assist in preparing them for the child’s and family’s or nonminor dependent’s development of the Strengths Building Spending Plan.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Guidelines and training on funding resources for spending plan managers and providers of strengths building goods, services, activities, and supports, which shall include, but not be limited to, controls and documentation to determine when federal financial participation may be claimed if all state and federal requirements are met.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A description of the
nature and scope of allowable or approved goods, services, activities, and supports designed to achieve strengths building objectives identified in the child’s or nonminor dependent’s Strengths Building Spending Plan.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The qualifications of the entity or entities who are eligible to contract with the department to manage Strengths Building Funding to ensure their ability to effectively serve as a spending plan manager.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A process by which the child and family team, consistent with clause (vi) of subparagraph (A) of paragraph (4) of subdivision (a) of Section 16501, shall assist with the resolution of disputes that may arise regarding the selection of goods, services, activities, and supports for the Strengths Building Spending Plan at the request of any member of the child and family team.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Consultation with
the State Department of Health Care Services, County Welfare Directors Association of California, Chief Probation Officers of California, tribes, child welfare advocates, providers, current or former foster children, nonminor dependents, caregivers, and other interested parties, in the development of the informational materials and guidelines described in paragraph (2). The development of the standards of care framework, educational, informational, and training materials, and guidelines relating to Indian children shall include consultation with federally recognized tribes.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The placing agency shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Document the Strengths Building Spending Plan and the spending manager report in the child’s or nonminor dependent’s case plan, and the statewide child welfare information system, and provide a copy of the report to members of the child and family team,
caregivers, the foster family agency, or short-term residential therapeutic program, if applicable, and for an Indian child, to the Indian child’s tribe.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provide information and support to the child and family or nonminor dependent, upon request, regarding goods, services, activities, and supports available in the community, and, if needed, support the child and family or nonminor dependent in accessing those goods, services, activities, and supports. The placing agency shall inform the child and family or nonminor dependent when the placing agency is legally responsible for covering the cost of goods, services, activities, and supports purchased with Strengths Building Funding and assist the child and family or nonminor dependent in selecting other goods, services, activities, and supports, including those of the nature and scope described in guidance provided by the department, that achieve the strengths building objectives identified in
the child’s or nonminor dependent’s IP-CANS assessment.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The department shall consult with an Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1 for the purpose of the implementation of this section by the Indian tribe, consortium of tribes, or tribal organization.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The department, as it determines necessary, shall adopt regulations to implement the procedures set forth in this section in accordance with the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The department may award contracts for the purpose of implementing and maintaining the Strengths Building Child and Family Determination Program.
</html:p>
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<ns0:BillSection id="id_0BF54F54-E524-46C0-B678-8E70F2C773EE">
<ns0:Num>SEC. 129.</ns0:Num>
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Section 17710 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_CC87827A-7100-4998-A92C-9C3D033D33E1">
<ns0:Num>17710.</ns0:Num>
<ns0:LawSectionVersion id="id_F12F2CC0-9804-46A2-8388-9499E90D0B88">
<ns0:Content>
<html:p>Unless otherwise specified in this part:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
“Child with special health care needs” means a child, or a person who is 22 years of age or younger who is completing a publicly funded education program, who has a condition that can rapidly deteriorate resulting in permanent injury or death or who has a medical condition that requires specialized in-home health care, and who either has been adjudged a dependent of the court pursuant to Section 300, has not been adjudged a dependent of the court pursuant to Section 300 but is in the custody of the county welfare department, or has a developmental disability and is receiving services and case management from a regional center.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
“County” means a county welfare department.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
“Department” means the State Department of Social Services.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
“Individualized health care plan team” means those individuals who develop a health care plan for a child with special health care needs in a specialized foster care home, as defined in subdivision (i), group home, or short-term residential therapeutic program, which shall include the child’s primary care physician or other health care professional designated by the physician, any involved medical team, and the county social worker or regional center worker, and any health care professional designated to monitor the child’s individualized health care plan pursuant to paragraph (8) of subdivision (c) of Section 17731. The child’s individualized health care plan team may also include, but shall not be limited to, a public health nurse, representatives from the California Children’s Services Program or the Child Health and Disability Prevention Program, regional centers, the county mental health department, and where reunification is the goal, the parent or parents, if available. In addition, if the child is in a specialized foster care home, the individualized health care plan team may include the prospective specialized foster parents, who shall not participate in any team decision pursuant to paragraph (6) of subdivision (c) of Section 17731 or pursuant to subparagraph (C) of paragraph (1) of subdivision (a), or clause (i) of subparagraph
(B) of paragraph (2) of subdivision (a), of Section 17732.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
“Director” means the Director of Social Services.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
“Level of care” means a description of the specialized in-home health care to be provided to a child with special health care needs by the foster family.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Medical conditions requiring specialized in-home health care require dependency upon one or more of the following: enteral feeding tube, total parenteral feeding, a cardiorespiratory monitor, intravenous therapy, a ventilator, oxygen support, urinary catheterization, renal dialysis, ministrations imposed by tracheostomy, colostomy, ileostomy, or other medical or surgical procedures or special medication regimens, including injection, and intravenous medication.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
“Specialized
in-home health care” includes, but is not limited to, those services identified by the child’s primary physician as appropriately administered in the home by any one of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A foster parent trained by health care professionals where the child is being placed in, or is currently in, a specialized foster care home.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Group home staff trained by health care professionals pursuant to the discharge plan of the facility releasing the child where the child was placed in the home as of November 1, 1993, and who is currently in the home.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A health care professional, where the child is placed in a group home after November 1, 1993. The health care services provided pursuant to this paragraph shall not be reimbursable costs for the purpose of determining the group home rate under Section 11462.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A health care professional where the child is placed in a short-term residential therapeutic program. The health care services provided pursuant to this paragraph shall not be reimbursable costs for the purpose of determining the short-term residential therapeutic program rate under Section 11462.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Specialized foster care home” means any of the following foster homes where the foster parents reside in the home and have been trained to provide specialized in-home health care to foster children:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Licensed foster family homes, as defined in paragraph (5) of subdivision (a) of Section 1502 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Licensed small family homes, as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Kinship families, as defined in Section 16519.4.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Resource families, as defined in Section 16519.5.
</html:p>
</ns0:Content>
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</ns0:LawSection>
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</ns0:BillSection>
<ns0:BillSection id="id_F15822A4-A8E1-46F9-AF2D-BADDD40AC69B">
<ns0:Num>SEC. 130.</ns0:Num>
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Section 17730 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_38714261-6935-4AD8-9FAA-AD3B4922C8E1">
<ns0:Num>17730.</ns0:Num>
<ns0:LawSectionVersion id="id_32FD3E3D-8D6D-4BF8-9E63-C0440044D9BB">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The department shall develop a program to establish specialized foster care homes for children with special health care needs to receive specialized in-home health care administered by the persons specified in subdivision (h) of Section 17710. The department shall limit the use of group homes and short-term residential therapeutic programs for children with special health care needs pursuant to subdivisions (c) and (d) of Section 17732. The program shall conform to the requirements set forth in this chapter, and shall be integrated with the foster care and child welfare services programs authorized by Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 and Chapter 5 (commencing with Section 16500) of Part 4.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The department, in administering the
licensing
program, kinship family approval program, and resource family approval program, shall not evaluate or have any responsibility for the evaluation of the specialized in-home health care provided in specialized foster care homes, group homes, or short-term residential therapeutic programs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This program shall be conducted by county welfare departments in conformance with procedures established by the department in accordance with this chapter.
</html:p>
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<ns0:BillSection id="id_F84AEF9C-2FE1-4B5D-A182-0D19B841E621">
<ns0:Num>SEC. 131.</ns0:Num>
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Section 17731 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_ED159EDD-87AA-4C3F-B47C-35E59538C366">
<ns0:Num>17731.</ns0:Num>
<ns0:LawSectionVersion id="id_CCF46DEB-53DB-49E3-A949-A27882FA9D97">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The county shall develop a plan to place children with special health care needs in foster care. This plan shall be submitted to the State Department of Social Services and the State Department of Health Care Services, not later than April 1, 1990, before beginning placement of children with special health care needs in specialized foster care homes. This subdivision shall not invalidate any placement made before April 1, 1990. A county that has not submitted a plan by April 1, 1990, shall not continue to make placements of children with special health care needs until the plan has been submitted.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Unless a local lead agency has been designated within the county, as described in Item 4260-113-890 of the Budget Act of 1989, the county department of social
services shall be the lead agency with the responsibility of developing the plan to be submitted pursuant to subdivision (a). The county plan shall be formalized in an interagency agreement between the county department of social services and the other county and private agencies that are the involved parties.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The county plan shall meet all the requirements specified in this subdivision. The regional center shall not be required to submit a plan. However, all requirements specified in this subdivision shall be met prior to a regional center placement of a child who is not a court dependent and who has special health care needs.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Prior to the placement of a child with special health care needs, an individualized health care plan, which may be the hospital discharge plan, shall be prepared for the child and, if necessary, in-home health support
services shall be arranged. The individualized health care plan team shall be convened by the county department of social services caseworker or the regional center caseworker, to discuss the specific responsibilities of the person or persons specified in subdivision (h) of Section 17710 for provision of in-home health care in accordance with the individualized health care plan developed by the child’s physician or their designee. The plan may also include the identification of any available and funded medical services that are to be provided to the child in the home, including, but not limited to, assistance from registered nurses, licensed vocational nurses, public health nurses, physical therapists, and respite care workers. The individualized health care plan team shall delineate in the individualized health care plan the coordination of health and related services for the child and the appropriate number of hours needed to be provided by any health care professional designated to monitor the child’s
individualized health care plan pursuant to paragraph
(8).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the child’s placement is in a Group Home for Children with Special Health Care Needs, as defined in paragraph (2) of subdivision (a) of Section 4684.50, the individualized health care plan shall include all of the requirements under subdivision (a) of Section 4684.68.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A child welfare services case plan or regional center individual program plan shall be developed in accordance with applicable regulations, and arrangements made for nonmedical support services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Foster parents shall be trained by health care professionals pursuant to the discharge plan of the facility releasing the child being placed in, or currently in, foster care. Additional training shall be provided as needed during the placement of the child and to the child’s biological parent or parents
if the child is being reunified with the child’s family.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Children with special health care needs shall be placed in the home of the prospective foster parent subsequent to training by a health care professional pursuant to the discharge plan of the facility releasing the child being placed in foster care.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Assistant caregivers, on-call assistants, respite care workers, and other personnel caring for children with special health care needs shall complete training or additional training by a health care professional in accordance with paragraph (3).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A foster parent who is a health care professional or staff member who is a health care professional shall not be required to complete any training or additional training determined by the responsible individualized health care plan team to be unnecessary on the
basis of their professional qualification and expertise.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
No health care professional shall provide in-home health care to any child with special health care needs placed in a group home after November 1, 1993, unless the individual health care plan team for the child:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Documents that the health care professional has the necessary qualifications and expertise to meet the child’s in-home health care needs.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Updates the documentation provided pursuant to subparagraph (A) each time the child’s special health care needs change.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Specialized foster care homes, group homes, and short-term residential therapeutic programs caring for children with special health care needs shall be monitored by the county or regional center according to applicable
regulations. The health care plan for each child with special health care needs shall designate which health care professional shall monitor the child’s ongoing health care, including in-home health care provided by persons specified in subdivision (h) of Section 17710.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The child’s individualized health care plan shall be reassessed at least every six months during the time the child is placed in the specialized foster care home, to ensure that specialized care payments are appropriate to meet the child’s health care needs.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
The placement agencies shall coordinate the sources of funding and services available to children with special health care needs in order to maximize the social services provided to these children and to avoid duplication of programs and funding.
</html:p>
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<ns0:Num>SEC. 132.</ns0:Num>
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Section 17736 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>17736.</ns0:Num>
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<ns0:Content>
<html:p>Notwithstanding any other law, including Sections 1250, 1251, 1254, 1270, 1501, 1502, 1505, 1507, 1521, 1530.6 (as added by Chapter 391 of the Statutes of 1977), 1550, 11002, and 11154 of the Health and Safety Code, and Sections 2052, 2725, 2732, and 2795 of the Business and Professions Code, all of the following apply:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
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Counties and regional centers shall be permitted to place children with special health care needs in foster family homes, small family homes, group homes, short-term residential therapeutic programs, foster family agencies, kinship families, and resource families.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Foster family agencies shall be permitted to place children with special health care needs
with resource families.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Counties, regional centers, and foster family agencies shall permit all of the following:
</html:p>
<html:p>
(1)
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A foster parent, an assistant caregiver, an on-call assistant, and a respite caregiver meeting the requirements of paragraphs (3), (5), and (6) of subdivision (c) of Section 17731 to provide, in a specialized foster care home, specialized in-home health care to a child, as described in the child’s individualized health care plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The licensee and other personnel meeting the requirements of paragraphs (3), (5), and (6) of subdivision (c) of Section 17731 to provide, in a group home, specialized in-home health care to a child, as described in the child’s individualized health care plan, provided that the child was placed as of November 1, 1993, or placed in
a group home for children with special health care needs, as defined in paragraph (22) of subdivision (a) of Section 1502 of the Health and Safety Code.
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<ns0:BillSection id="id_92ECCD17-55A5-4155-A2BD-A7F5C11C978E">
<ns0:Num>SEC. 133.</ns0:Num>
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Section 18250 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
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<ns0:Num>18250.</ns0:Num>
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<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
It is the intent of the Legislature that all counties be authorized to provide children with service alternatives to out-of-home care through the development of expanded family-based services programs. These programs shall include individualized or “wraparound” services, where services are wrapped around a child living with their birth parent, relative, nonrelative extended family member as defined in Section 362.7, adoptive parent, licensed foster parent,
kinship family,
resource family, or guardian. The wraparound services developed under this section shall build on the strengths of each eligible child and family and be tailored to address their unique and changing needs.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is further the intent of the Legislature that the county wraparound services program include the following elements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Enabling the county to access all possible sources of federal funds for the purpose of developing family-based service alternatives.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Encouraging collaboration among persons and entities including, but not limited to, parents, county welfare departments, county mental health departments, county probation departments, county health departments, special education local planning agencies, school districts, and private service providers for the purpose of planning and
providing individualized services for children and their birth or substitute families.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Ensuring local community participation in the development and implementation of wraparound services by county placing or referring agencies and service providers.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Preserving and using the service resources and expertise of nonprofit providers to develop family-based and community-based service alternatives.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code.
</html:p>
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<ns0:Num>SEC. 134.</ns0:Num>
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The State Department of Social Services, in collaboration with the County Welfare Directors Association of California, the Chief Probation Officers of California, advocates for foster children, foster care provider business entities organized and operated on a nonprofit basis, and Indian tribes, shall examine how foster family agencies may implement a kinship approval process in alignment with Section 16519.4 of the Welfare and Institutions Code.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The intent of the kinship approval process is to prioritize and reduce barriers to placement of children with kinship families, keep children connected to their biological families and extended family members, and minimize trauma associated with the foster care
system.
</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_B3EB0434-2542-498D-ABD1-ABD93E9B14E0">
<ns0:Num>SEC. 135.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that Section 46 of this act, which amends Section 1536 of the Health and Safety Code, Section 120 of this act, which amends Section 16519.55 of the Welfare and Institutions Code, Section 121 of this act, which amends Section 16519.555 of the Welfare and Institutions Code, and Section 124 of this act, which adds Section 16519.605 to the Welfare and Institutions Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that
interest:</html:p>
<html:p>In order to preserve the personal and highly sensitive information of a foster child and kinship families, it is necessary to ensure that the personal information is protected from the public.</html:p>
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<ns0:BillSection id="id_6E0BF563-3827-4E26-9B73-51C470529293">
<ns0:Num>SEC. 136.</ns0:Num>
<ns0:Content>
<html:p>
To the extent that this act has an overall effect of increasing certain costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
<html:p>However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
<html:p>No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.</html:p>
<html:p>However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts
for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
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